Monday 22 April 2024

Two months on – PZ2017/03 is STILL underwater

On 12 February this year, we posted Water level at borehole PZ2017/03 rises to GROUND LEVEL.

By 18 February, the situation was even worse:
Last week – more than two months on, and now with monitoring equipment finally installed – the top of the piezometer was still underwater:
The sand and gravel that Aggregate Industries wants at Straitgate Farm starts on average 2.3m below ground level. The company’s permission only allows quarrying above the maximum water table.

Clearly this is one area where extraction should not be taking place.

So, how close to this area could extraction be permitted? Aggregate Industries is in no position to say. As we previously posted
Piezometer PZ2017/03, at the NE corner of Phase 1 and SE corner of Phase 2, is obviously unable to provide any meaningful information on how far to the west of this point the maximum groundwater levels would allow sufficient depth for mineral extraction, given water levels here have reached ground level. 

Clearly, therefore, there need to be further boreholes drilled at the redrawn eastern boundary of the extraction area – to fulfil Condition 30, ie. so that there are piezometers at "each corner of each working sub-phase".

How do companies make themselves look green?

The is how Aggregate Industries does it – as any visitor to aggregate.com/sustainability will see:
 


Of course, many companies face the same problem – what photo to put on your sustainability page, to make yourself look green? 

But what if your business is concrete – the most destructive material on earth? What to choose then? 

Aggregate Industries has chosen a photo of a green living wall. 

If only all buildings were made like this, you might think. Green walls
Remove air pollutants 
Reduce urban temperatures 
Reduce energy consumption 
Improve biodiversity 
Attenuate rain water 
Reduce noise 
etc, etc
What a wonderful company Aggregate Industries must be, you might think, to produce such a product. 

You might think that, because next to the photo the company writes "Our Sustainable products". 

Yet Aggregate Industries does not design, make or sell green walls. 

The photograph is greenwash. 

Aggregate Industries does not even operate in the same country as the photographed building.


Aggregate Industries' parent company – which also has form in this area – does however operate in Paris. It is not known for its green walls either – but is known for polluting the Seine.

Tuesday 16 April 2024

Aggregate Industries resumes sustainability reporting

... go to Aggregate Industries’ Sustainability Reports and Policies page and what do we now find? Not the back catalogue of sustainability reports previously there, nor a shiny new one for 2019. 

What we find instead is parent LafargeHolcim’s 2019 report – while Aggregate Industries’ CO2 numbers are suddenly nowhere to be found. 

We can obviously help with the back catalogue of reports – 2018, 2017, 2016, 2015, 2014, 2013, 2012, 2011, 2010, 2009, 2008, 2007, 2006, 2000 – plotting Aggregate Industries’ CO2 journey: a company now emitting in the region of 1.3 million tonnes of CO2 each year, more than 5 times the amount it did in 1999

But has Aggregate Industries really given up reporting carbon emissions? 

Is it because the numbers stubbornly refused to fall despite best efforts, or is it because the company stubbornly refused to embrace more sustainable ways? 

Aggregate Industries' application to quarry Straitgate Farm would of course indicate the latter.
This time last year, aggregate.com/sustainability was still not showing a sustainability report, although the company had in fact been burying CO2 figures for 20202021, and 2022 in financial reports lodged at Companies House.

So, is Aggregate Industries now ready to report its sustainability figures publicly again? Is the company ready to broadcast how much CO2 it is emitting? Are the figures at last going in the right direction? Does it finally have a positive story to tell?  

Clearly, the company thinks it does. In August last year, before leaving the company for sunnier climes, the then sustainability director issued these two reports:


 

The sustainability report for 2022 claims: 
Investments within our cement plant and efficiency improvements across all business areas have helped to reduce emissions compared to our 2020 baseline. 

On nature, the report is proud to tell us: 
Our Hillhead Quarry, near Cullompton in Devon, has a new woodland after we teamed up with a group of local residents and members of local environmental group the Uffculme Green Team, to plant around 1,100 trees. Native species including English oak, hornbeam, hazel, blackthorn, hawthorn and holly were planted to provide more wildlife-friendly habitat in the area. The scheme will benefit all species, but in particular the hazel dormouse, an elusive and declining species whose numbers have dropped by 50 per cent since the millennium and for which the south-west is somewhat of a stronghold. 
Bravo. But of course, that’s the same elusive and declining species prevalent in the ancient hedgerows at Straitgate that Aggregate Industries has earmarked for destruction. 

In the company’s Sustainability Strategy 2023 Update, the buzz word is community – which is as it should be, given the invasive nature of the company’s business model:
We will strive to make a positive impact on those communities where we live and operate.

We also recognise that our operations can have a negative impact on some of our neighbouring communities and we are committed to proactively eliminating or minimising this impact, wherever possible. We already have stringent planning obligations in place at many of our sites, which limit operating hours, number of truck movements, noise levels and dust emissions. However, we are committed to going above and beyond legal compliance which we see as our minimum requirement. We already do this in many cases and proactively engage with our local communities through meetings, open days and school visits. We also recognise that we are able to contribute to our neighbouring communities by donating staff time for volunteering activities, materials to help with local projects as well as monetary contributions. We are not only committed to continuing this but we will build on these successes. 
So, let’s see what happens at Straitgate. 

Let's see how far above and beyond the company is prepared to go.

Let's see how the company proactively engages with this neighbouring community, that has so far seen nothing but blight and aggravation. 

Let's see how much the company is able to contribute.

Let’s see if Aggregate Industries can walk the walk.

Wednesday 10 April 2024

Aggregate Industries’ Straitgate update for March

At a meeting last week, an update was provided by Aggregate Industries’ Planning Manager in relation to the implementation of the company's permission to quarry Straitgate Farm.  

Aggregate Industries is currently working on a number of schemes to satisfy pre-commencement planning conditions, including for HVO fuel use, dust, airport safeguarding, and water monitoring, together with a school travel plan, an archaeological scheme of investigation, a Landscape and Ecological Management Plan and a Construction Environmental Management Plan. 

In relation to water monitoring, a new team of hydrogeologists is now on the case; such work was previously undertaken by Wood/AFW/AMEC. This week, data loggers have been installed in all the piezometers, to resume the measurement of groundwater levels after a two-year break. Monitoring of 21 private water supplies surrounding Straitgate has now also started, which will include analysing water samples on a monthly basis. Stream flow monitoring will begin at a number of locations around the site as well. Twelve months of baseline water monitoring is required by the permission. The surface water management scheme is awaiting onsite infiltration tests, which are expected to be performed in June.  

Ecology surveys have also started. 

Aggregate Industries hopes to submit, for approval by Devon County Council, all the schemes to discharge pre-commencement planning conditions by the end of this year. It hopes to start site entrance works by the summer of 2025. The company has until 5 January 2026 to implement the permission.

Aggregate Industries appoints a new sustainability director, again

In June 2021, Kirstin McCarthy joined Aggregate Industries.
 


The position was new for Aggregate Industries. CEO, Dragan Maksimovic, proudly proclaimed: 
This appointment is placing us in a unique position at the forefront of our industry and we must continue challenging ourselves to continuously reduce our carbon footprint through innovation, commitment and personal accountability. 
Ms McCarthy added
I look forward to making my mark as the newest member of the executive committee and contributing to building a greener, smarter world for all. 
Six months later, Kirstin McCarthy came to County Hall in Exeter, to present to the councillors on the Development Management Committee, who were determining Aggregate Industries’ long-running planning application to quarry Straitgate Farm – see 24 minutes into this video.

Despite being new to the minerals industry, she was one of only two speakers put forward by Aggregate Industries. Clearly the company feared the proposal’s sustainability – or lack of – might be an issue.
My name is Kirstin McCarthy and I am the sustainability director at Aggregate Industries. I sit on the executive committee and I’m responsible for improving and accelerating our sustainability performance. I took a key interest in this application owing to some of the environmental concerns raised by the community. I have personally reviewed the environmental statement and feedback to date. My role here today is to provide assurance that this scheme will not have the detrimental effect that has been described by some of our objectors and most importantly I am here to listen to the concerns raised by our neighbours so that we can understand what work is required with the community to hopefully allay some of these fears.... etc etc 

Straitgate is sustainable because it’s about Devon making its contribution to the mineral supply in an environmentally responsible manner
Stirring words, but there was nothing about the wholly unsustainable 2.5 million miles in total that material would need to be hauled for processing, at a plant 23 miles away. 

That thorny issue had been greenwashed away in a S106 agreement that came to light a few days before the DMC meeting. No doubt fearing a backlash from decision makers, Aggregate Industries had committed to only using HVO biodiesel in the HGVs and onsite equipment. Fantastic news you might think, but some studies put HVO worse than regular diesel when changes in land use are accounted for. Even so, it has hefty financial implications, given the price premium of HVO, the intensive haulage plan, and the 7mpg or less managed by HGVs. 

What part Ms McCarthy played in the HVO decision, what mark she made as newest member of the executive committee, we will never know, but despite this commitment, and others, her presentation plainly didn’t cut it with councillors, who voted to refuse Aggregate Industries plans by 5 votes to 0, with 3 abstentions

Of course, as we all know, the company appealed and a Public Inquiry was held in 2022, which led to the decision being overturned

Elsewhere in the construction world, in December of that year, another sustainability director was being appointed – in this case Anna Baker at Kier Construction
Anna’s drive to really make a difference and proven ability to see the big picture will complement the work being done across the Group to achieve our targets in sustainability.
Anna Baker added
This is an exciting time to join Kier, a business I’ve long admired. With so much great work already underway, I’m looking forward to bringing my experience to the role and leading on the next steps of Kier’s sustainability journey for the Construction business.
The exciting times didn’t last. This month, little more than a year later, we find Anna Baker has joined Aggregate Industries as its Sustainability Director
Anna brings more than 20 years’ experience in sustainability within the construction industry and is responsible for accelerating the company’s journey to net-zero before 2050. 
Kirstin McCarthy, has moved on to sunnier climes: 
I’m happy to share that I'm starting a new position as Director of Sustainability at Sandals Resorts International! 
And who can blame her? 

This now means that – together with the Quarry Manager – both of Aggregate Industries' representatives at the 1 December DMC meeting have left the company. No wonder we asked
Is there anybody left working at Aggregate Industries who has played a meaningful part in putting together the plans to quarry Straitgate Farm?

EDIT 15.4.24 Aggregate Industries appoint new sustainability director:
Commenting on her new role, Ms Baker said: ‘Aggregate Industries is a future-focused and innovative company with sustainability at the heart of its vision. I’m thrilled to be joining this business and look forward to working alongside the talented teams here to deliver an ambitious sustainability agenda that will add real value for our customers and communities.’

Wednesday 3 April 2024

What Straitgate and 5 other mineral appeal decisions tell us – says AI’s KC

Richard Kimblin KC, of No5 Barristers’ Chambers, represented Aggregate Industries at the 8-day public inquiry in October 2022, instigated by the company following Devon County Council’s decision to refuse the company's application to quarry Straitgate Farm

It had been a busy 12 months for Mr Kimblin. 

In November 2021, he attended a 9-day planning inquiry representing Brett Aggregates in its attempt to overturn the decision of Hertfordshire County Council to refuse an 8 million tonne extension at the former Hatfield Aerodrome located between St Albans and Hatfield. 

In June 2022, he attended a 7-day planning inquiry representing Hanson in its attempt to overturn the decision of Rhondda Cynon Taf County Borough Council to refuse a 10 million tonne extension at Craig yr Hesg Quarry in Pontypridd. 

In August 2022, he attended a 7-day planning inquiry representing Aggregate Industries in its attempt to overturn the decision of Dorset Council to refuse a 930,000 tonne extension at Chard Junction Quarry in the Dorset AONB. 

Trying to overturn local mineral decisions is seemingly Mr Kimblin's thing.

Two appeals went Mr Kimblin's way – Craig yr Hesg and Straitgate – and two didn't – Hatfield and Chard Junction. It was a 50% success rate for Aggregate Industries too, winning Straitgate but losing the ability to continue quarrying at Chard. 

Last year, Mr Kimblin gave a presentation about the four appeals, plus two others at Ware Park and Lea Castle*, at the Minerals Planning Conference, an event where members of the Mineral Products Association – the trade association representing Aggregate Industries et al. – get the chance to rub shoulders with council planners and others. 
More than 300 delegates, in person and on-line, attended the 2023 MPA/RTPI conference ‘Minerals Planning at a Crossroads’ on 15 June in London to hear from a range of expert speakers about the challenges facing minerals planning and how these may be met. 
The programme tells us the aim of Mr Kimblin's talk:
Richard Kimblin KC returns to the Minerals Planning Conference this year to provide the legal update. Richard will offer insight on legal issues arising from recent minerals planning appeals, issues which developers and decision-makers can help each other to avoid and a way to avoid lawyers.
Clearly, those poor multinational mineral companies need as much help as possible. 
 
  
The Straitgate Farm decision was picked out by Mr Kimblin specifically in relation to Climate Change • Growing concern for Committees and public, and the used-chip-fat solution advanced by Aggregate Industries in an attempt to mitigate its 2.5 million mile haulage plan. He quoted the Planning Inspectors who had said: 
"...we are satisfied that a condition requiring the use of hydrotreated vegetable oil as fuel would meet the tests in the Framework. On this basis the proposal would accord with Policy M20 of the DMP which requires development to contribute to the achievement of sustainable development, climate change resilience and mitigation, including through minimising the atmospheric release of greenhouse gases" Straitgate at §138 
Mr Kimblin also alluded to a pattern. We've made it easier to spot: 


You'd be forgiven for thinking that it didn't matter who turned up at mineral appeal inquiries, how many days they sat, who represented whom, what reports were written, which experts were called or not called, or what was seen on site visits. For these six decisions at least, landscape designation trumped everything – a warning to action groups and mineral companies alike.

* The Lea Castle decision has since been quashed in the High Court and will be re-determined by the Planning Inspectorate, as posted here.

Angry protestors at Pontypridd quarry extension draw ‘heavy police presence’


We posted about Craig yr Hesg Quarry, at Glyncoch near Pontypridd, back in 2020, when Rhondda Cynon Taf County Borough Council originally rejected Hanson’s plans for a 10 million tonne extension. We edited the post in 2022 when the appeal was allowed.

An article by Ben Gosling in The Planner: The Appeals Annex: A tale of two quarries compared the Craig yr Hesg appeal decision with the one for Chard Junction Quarry in Dorset: 
The inspector in the Craig yr Hesg Quarry appeal accepted that the quarry caused stress and anxiety to locals, but did not accept their evidence that blasting at the quarry caused damage to their homes, because photos of cracks in walls were not supported by a structural survey. In Dorset, the inspector acknowledged that the quarry would cause noise disturbances to residents— after scrutinising a noise impact assessment provided by the appellant. 

Hard evidence is the key, but this can be an unaffordable option for residents and individuals. Heledd Fychan, Member of the Senedd Cymru for South Wales Central recognised this when the inspector’s decision was delivered: 
“Glyncoch is not an affluent area, and the planning inspectorate were critical of the fact that no hard evidence was presented to support their testimony, other than the images,” she said. “Collating such evidence is costly, meaning that communities will always struggle to have their voices and views heard as part of an appeal process without the means to do so. 

She continues: “Their testimony was powerful, and included pictures of cracks that have appeared in their homes which they believe have been caused by powerful blasts at the quarry, clouds of dust above the site, thick dust covering outside tables and cars, and evidence on how the lorries from the quarry are impacting their lives. 

“I find it disappointing that the views of local residents have been completely disregarded in relation to the quarry. Economic drivers and a need for the aggregate have trumped their views, meaning that they will have to continue to suffer the impact of the quarry. A quarry that they have had to live with for decades, and a quarry they were told would close when the last application prior to this was made to extend its life.” 
Last month, work started to erect a new security fence around the newly permitted extension.

This week, angry residents protested at the site drawing "a heavy police presence", as these articles from the BBC, Nation.Cymru and WalesOnline explain: 
Protestors have been gathering near the site of the quarry this week, with dozens joining for a second day of action on Tuesday, March 26. Residents say they are worried about the quarry's impact on their health from silica dust and the proximity to houses and public amenities like schools. They also believe it could disrupt wildlife and cause traffic issues, as well as impacting public rights of way. 

Heidelberg Materials UK has said it has addressed wildlife concerns and that "strict restrictons" on blasting and air quality monitoring were in place as well as other measures to mitigate any negative impact on residents. 

On Tuesday around 40 people gathered near the fence by the quarry site and there was a heavy police presence in the area. Dr Andrew Thomas, a university lecturer in Cardiff, was one of those protesting and said: “It’s fairly peaceful. There are about 40 or 50 of us, families, adults, children. About the same number of police and enforcement officers, about 30 of them. There is a bit of a standoff, but there is no pushing or shoving. 

Dr Thomas said the Welsh Government's decision to permit expansion for 29 years after RCT council rejected the plans was "scandalous", adding that it will leave the site within touching distance of residents' gardens in Glyncoch. 

"It’s been contained behind the mountain but the big controversy here is that this new land was used as a public right of way. So you have a working class community which is about 2,000 people who are literally 100 metres from the site, the legal distance from a quarry in the UK. There is a primary school which is 200m away too. 

"This is encroaching into their back garden. This is totally NIMBY because it is literally in their back garden. It is literally two rugby pitches away. 

"They’re impacted by blasting, which is felt right into their properties at least once a week. They’re also impacted by lorries going to and fro - it is a road which is only really fit for residential driving, not lorries. Their worry is how they are going to move the lorries into and from the new site. It’s a lot of unknowns and as soon as you have that you impact mental health. 

"I think once the dust starts blowing over and they are exposed to silica particles in their lungs… They’ve also lost a green space they were very sentimental about, their children’s upbringing playing in the woods is gone. 

"It blocks off access to parts of the countryside and it hasn’t been made clear how public rights of way will be protected. Nothing has been communicated. 

"I cannot believe this has been signed because it goes against everything the Welsh Government claims to support. It’s so sad. And there is no reason for it to have been done it this way. You can’t stop the planning but you can slow them down doing what they want to do. We don’t believe they care." 
None of this, the blasting, the cracks, the noise, the dust, the health fears, for decades more, would have cut any slack with Mr Kimblin KC – the barrister representing Hanson at the public inquiry, and the subject of this post. In fact, at the Inquiry, he even argued that the refusal by Rhondda Cynon Taf CBC was "perverse" and "unreasonable" and that the Council – a cash-strapped Council "in one of the most deprived areas of Wales" – should pay Hanson’s, now rebranded Heidelberg Materials, appeal costs, a request that was upheld

That’s hardly the way to endear yourself to a community facing decades more quarrying.
 

Judge quashes inspector’s green belt quarry refusal over biodiversity net gain ‘error’

Last year, campaigners at Stop Lea Castle Farm Quarry action group suffered a setback in their efforts to stop a controversial quarry plan. 

In 2022, Worcestershire County Council had refused permission for NRS Aggregates to quarry 3 million tonnes of sand and gravel over a period of about 10 years at Lea Castle Farm, near Kidderminster. In 2023, the company appealed the decision. Following an 8-day public inquiry, the inspector rejected the company's appeal concluding the scheme would "not preserve the openness of the green belt". The company applied for a judicial review of the inspector's decision NRS Saredon Aggregates Ltd v Secretary of State for Levelling Up, Housing and Communities & Anor [2023] EWHC 2795 (Admin). In November, the judge found in favour of the minerals company, saying that the inspector had "erred in law" by referring to future legislation on biodiversity net gain. The inspector's decision was quashed. 

You have to feel for the campaigners, who will now face another Public Inquiry. In February, the Planning Inspectorate wrote
Following a High Court challenge to our Inspector’s decision on this appeal dated 5th May 2023, the Court has ordered that the appeal be re-determined. This does not necessarily mean that the Inspector will reach a different overall decision.
Fighting mineral applications is not for the faint-hearted.

MP urges Aggregate Industries to change Leighton Buzzard quarry plans


Aggregate Industries is on the wrong side of the local community again, this time by apparently reneging on restoration plans at a quarry near Leighton Buzzard that had previously been earmarked as a water sports centre. 

 An Aggregate Industries spokesperson for the Garside Sands operation said: 
We have applied to extend our planning terms to enable an additional 3.3 million tonnes of specialist sands to be extracted from land south of Grovebury Quarry which we estimate would take between nine and 14 years, starting from July 2026 - with a further six years to complete full restoration. 
Andrew Selous, MP for South West Bedfordshire said: 
I very much understand the concerns of Billington residents and have asked Aggregate Industries to mitigate their plans by moving the works further away from peoples homes. I am also pressing for the earliest possible restoration of the site for leisure and recreational use for Leighton Buzzard residents as well.

UK company directors may be personally liable for climate impacts, say lawyers

A legal opinion published this week found that board directors had duties to consider how their business affected and depended on nature. These included climate-related risks as well as wider risks to biodiversity, soils and water. 

The analysis said directors of UK firms faced serious personal consequences for breaching these duties, potentially including claims for damages or compensation by their shareholders.

Calls for greater use of recycled sand ‘to help preserve threatened natural resource’