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.
