AI’s planning permission for the livestock crossing has expired – so what next?

Remember all the fuss about the cattle crossing – first raised here in 2017, and mentioned numerous times since?

 

The subject of the crossing was covered at the Public Inquiry, and the Planning Inspectors subsequently ruled that mineral extraction at Straitgate Farm is contingent upon the implementation of planning permission 20/2542/FUL, a permission secured by Aggregate Industries from East Devon District Council in 2021, for a "New access to the B3174 Exeter Road to provide a livestock crossing incorporating holding pens." 

Condition 19 of Aggregate Industries' permission to quarry Straitgate says: 

No soil stripping in Phase 1 of the development hereby approved shall be undertaken unless the cattle crossing permitted by East Devon District Council permission ref. 20/2542/FUL has been fully implemented and brought into operation in accordance with the conditions of that permission.

The Inspectors granting permission for the quarry spelt out the reason for this: 

109. Material to this appeal proposal is a planning permission granted by East Devon District Council (EDDC) for a new access to the B3174 Exeter Road to provide a livestock crossing incorporating holding pens. At the time of the Inquiry this permission had not been implemented. However, no cogent evidence was presented to suggest that it would not be implemented. From the details of this permission submitted to the Inquiry it is clear that this livestock crossing arrangement will enable a more direct, efficient and therefore safe movement of livestock when they need to cross the road which is of benefit to the livestock, farmer and other highway users. 

However, as we posted last year, Aggregate Industries mucked up. Permission 20/2542/FUL could not be implemented as it stood because some nitwit from the company had put the red-line planning boundary in the wrong location, as the District Council later confirmed: 

I have written to Aggregate Industries drawing their attention to this issue and recommending that they address this issue through a further application. 

Overlooking that inconvenient detail, the livestock crossing permission, granted on 21 June 2021, was itself subject to conditions, the first of which said : 

1. The development hereby permitted shall be begun before the expiration of three years from the date of this permission and shall be carried out as approved. (Reason - To comply with section 91 of the Town and Country Planning Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004). 

Today, three years have passed. 

A further application has not been made. The development has not been implemented. Parroting a famous sketch: The permission is no more. It has ceased to be. It has expired and gone to meet its maker. It is an ex-permission.

But that’s not the end of the story. In desperation, Aggregate Industries will now lower itself to more brutal tactics. To negate the need for the livestock crossing, and hopefully thereby to persuade Devon County Council to drop the Inspectors’ condition, the company’s ability to implement its permission to quarry Straitgate Farm will now be contingent upon foisting more pain and suffering on local people. The company will attempt to evict the tenant farmers and their children from their home – a home that has been in the same family more than 80 years – and to close down their successful dairy operation. 

The words heartless and bastards might spring to mind. 

But fortunately, and as the company itself acknowledged many years ago, the tenants have "the benefit of an Agricultural Holdings Act 1986 Tenancy Agreement." 

tenancies under the 1986 Act continue to exist because they are difficult to terminate, and because tenants have powerful rights of succession, allowing their close relatives to succeed them. 

What pain and suffering would befall this multinational cement bully should any eviction not be successful and implementation of the permission not be possible? Is there an urgent need for sand and gravel from Straitgate? Are the minerals in fact needed at all, given the millions of tonnes of similar material available to the company next to its processing plant at Hillhead also allocated in the Devon Minerals Plan? Answers: Insignificant, no and no. 

To prove the point, earlier this year, the company admitted that economic conditions are not currently conducive to the viability of mineral working at Straitgate, and that once the permission is implemented the site could be mothballed.

AI’s livestock crossing - needed before quarrying Straitgate - currently not permitted

Aggregate Industries has mucked up. 

In June 2021, following the submission of planning application 20/2542/FUL, Aggregate Industries secured permission from East Devon District Council for "a new agricultural access onto the B3174 Exeter Road to facilitate an efficient crossing point for the current dairy herd at Straitgate Farm".  

Mineral extraction at Straitgate Farm is dependent upon the implementation of this permission.

The Planning Inspectors, who in January granted permission to quarry Straitgate, wrote: 

109. Material to this appeal proposal is a planning permission granted by East Devon District Council (EDDC) for a new access to the B3174 Exeter Road to provide a livestock crossing incorporating holding pens. At the time of the Inquiry this permission had not been implemented… 

Condition 19 of the Straitgate permission states: 

No soil stripping in Phase 1 of the development hereby approved shall be undertaken unless the cattle crossing permitted by East Devon District Council permission ref. 20/2542/FUL has been fully implemented and brought into operation in accordance with the conditions of that permission. 

However, as it stands, 20/2542/FUL cannot be implemented. 

Aggregate Industries has put the red line planning boundary for application 20/2542/FUL in the wrong location. Facepalm.

   

What is the red line boundary? Government guidance says: 

The application site should be edged clearly with a red line on the location plan. It should include all land necessary to carry out the proposed development… 

The red line boundary drawn by Aggregate Industries for 20/2542/FUL does not incorporate the existing gateway on the south side of the B3174, nor the gap in the trees on the north side of the B3174, as specified in the company’s supporting statement. The red line boundary does not match the detailed drawings that formed part of the application. 

The permission therefore cannot be carried out in accordance with the approved detailed drawings listed in Condition 2. 

East Devon District Council has today confirmed that Aggregate Industries will need to submit another planning application:

I have written to Aggregate Industries drawing their attention to this issue and recommending that they address this issue through a further application.

Local people, councils and statutory bodies will be able to respond to a new application in the normal way. Until that application has been approved, and implemented, no digging can start at Straitgate Farm.

DCC Highways offers no objection – but answers nothing

Devon County Highways, as the Local Highways Authority, the LHA, has taken 4 years to produce a response to Aggregate Industries’ planning application to quarry Straitgate Farm. It needn’t have bothered. It answers nothing.

In 2017, the Council’s case officer told Aggregate Industries: 

…in order to assess the potential highway safety impacts the MPA needs to have reliable information on existing and potential agricultural crossings of the Exeter Road and, in particular how this would be controlled in the future in the interests of highway safety.

Reliable information on the impact of agricultural crossings has not been provided. EDDC objected. 

On 12 August 2021, the same case officer wrote to the LHA: 

I’d be really grateful if you could take onboard the comments from East Devon DC in your response – especially as AI still seem to be leaving the real impact of the quarry/cattle crossing/farm viability to us to consider with no real evidence that they wont be causing problems down the line – except their say-so. 

Does the LHA answer this? No. 

The case officer also wrote: 

The other (late) issue I have been presented with is the tree officer saying that the road access sections don’t include the trees he was concerned about and he still isn’t convinced that the gravel path won’t impact on the third party tree. Given that AI will need our agreement to do any works in the highway verge I’m assuming that the control would be with us and we wouldn’t permit any construction that could impact on that tree or they will probably sue us? So we do have the control? I just need you to confirm that and I will go back to AI and tell them that (and explain in my report). 

Does the LHA answer this? No. 

The case officer also wrote: 

The SAG are chasing about why we didn’t think the Vectos access through Little Straitgate was a less damaging alternative (in terms of hedgerow/tree loss). My recollection was that it was in the wrong place in terms of highway safety but if there’s any chance of clarifying that in your final response it would help me to deal with that point?

Does the LHA answer this? No. 

In 2018, Vectos transport consultants put forward an alternative site access to Devon County Council. As it turns out, this alternative had already been considered behind the scenes by Aggregate Industries. Vectos said the alternative site access:

...would remove many of the local concerns and provide comparative advantages, which include… Improved safety for children waiting for school buses at Birdcage Lane/Toadpit Lane junction… Removal of threat of injunction and legal action against Council from the neighbouring landowner whose property would be damaged… [whilst] Visibility for right-turning quarry traffic exiting at this widened junction would not be significantly different to the visibility at the Exeter Road/Birdcage Lane junction.

Aggregate Industries has failed to include a comparison of environmental effects for this alternative in its Environmental Statement. Planning guidance says:  

...where alternatives have been considered, paragraph 2 of Schedule 4 [of The Town and Country Planning (Environmental Impact Assessment) Regulations] requires the applicant to include in their Environmental Statement a description of the reasonable alternatives studied (for example in terms of development design, technology, location, size and scale) and an indication of the main reasons for selecting the chosen option, including a comparison of the environmental effects. Paragraph: 041 Reference ID: 4-041-20170728 

So, how could Devon County Council, without a "comparison of the environmental effects", lawfully conclude that the development would be acceptable?

The LHA's response is remiss in other areas too. On traffic surveys, the LHA reports: 

...the LHA does not dispute the number of vehicle movements as described in the TA.

The LHA ignores the fact that the traffic counts are now more than 3 years old. 

On cumulative impact of permitted development, the LHA reports:

The LHA agrees with the number of sites and residential units, plus care home that have been evaluated in the TA.

This ignores all the development that has occurred since 2018.

On collision data, the LHA reports:

The LHA agrees with the collision data put forward in the TA and does not disagree with its conclusions.  

This is despite the collision data only covering up to 2016, and only covering a short stretch of the road – conveniently ignoring a recorded fatality. The LHA's conclusion is also surprising, because although Aggregate Industries’ Transport Assessment claims: 

No collisions involving HGV’s have occurred within the three year period and none have been attributed to excessive speed.

the case officer – knowing there have been accidents on the B3174, including HGVs, many reported on this blog – asked the LHA to:

check that the basic information on accident data is in fact correct

The LHA couldn't even be bothered to do that.

DCC has ‘no real evidence’ cattle crossing won’t cause problems

Aggregate Industries’ planning application to quarry Straitgate Farm has been beset by delays over the years – in part because of the cattle crossing issue: the 150 or so dairy cows that would need to cross the B3174 up to 4x daily to access alternative pasture if quarrying were to proceed, with literally who-knows-what impact on the functioning of the main road into and out of Ottery St Mary, and on the A30.

The issue was raised more than 4 years ago. In 2017, Devon County Council wanted the company "to assess the implications of the farmer moving cattle across the B3174 as a result of the proposal". This June, East Devon District Council objected, saying Aggregate Industries' transport assessment:

...offers no detailed explanation for the conclusion that "there will not be a need to intensify livestock crossings". It also fails to explain how the applicant could prevent the farmer crossing livestock over the B3174 in the event that the mitigation measures prove unsatisfactory. In the seemingly likely event that a need arises for increased crossings of the B3174, neither the existing crossing arrangements nor the approved arrangements are considered suitable given the speed of traffic, the advance visibility and the fact that delays to traffic on this road would adversely affect a large number of businesses, schools and people in Ottery St Mary, as well as the emergency services.

What progress has been achieved in the last 4 years by the great minds at Aggregate Industries & Co? Following an FOI request, we now know. According to an email on 12 August 2021 from the case officer to Devon County Highways officers: 

AI still seem to be leaving the real impact of the quarry/cattle crossing/farm viability to us to consider with no real evidence that they won't be causing problems down the line – except their say-so.

This obviously represents a problem. The Town and Country Planning (Environmental Impact Assessment) Regulations say: 

The aim of Environmental Impact Assessment is to protect the environment by ensuring that a local planning authority when deciding whether to grant planning permission for a project, which is likely to have significant effects on the environment, does so in the full knowledge of the likely significant effects, and takes this into account in the decision making process. Paragraph: 002 Reference ID: 4-002-20140306 

Transport Assessments should include: 

...movements across all modes of transport that would result from the development and in the vicinity of the site; [and] an assessment of the likely associated environmental impacts of transport related to the development. Paragraph: 015 Reference ID: 42-015-20140306 

Policy M22 of the Devon Minerals Plan says: 

Mineral development will be permitted where it can be demonstrated, where appropriate through a Transport Assessment or Statement, that it would not have a significant effect on: (a) road safety; or (b) the capacity and functionality of the transportation network for all users.

So, how – "with no real evidence that [AI] won’t be causing problems", not least on the functioning of the B3174 and the A30 – could Devon County Council lawfully conclude that the development would be acceptable? Answers on a postcard.

Highways England’s consultation response ‘seeks clarification & assurances’

Highways England’s response to the recent consultation on the additional information supplied by Aggregate Industries in relation to its planning application to quarry Straitgate Farm, which included a revised Transport Assessment, can be found below.

The response, dated 11 May 2021, has yet to appear on Devon County Council’s planning website.

Highways England sought clarification in relation to the Transport Assessment. It is our understanding, however, that no further information has been supplied. 

Thank you for consulting Highways England on further information and/or amendments in relation to the Environmental Statement (ES) accompanying the application. Highways England issued its formal planning response to application DCC/3944/2017 dated 9 August 2017 which recommended conditions be attached to any consent the Local Planning Authority was minded to grant. I have attached this for your ease of reference. 

We are unclear on what recent updates have been made to the submitted Transport Assessment (TA) which is dated July 2018, and therefore approaching three years old. As such we would appreciate clarification on any specific updated transport assessment that the applicant is seeking consultation on. 

Notwithstanding our request for further clarification, Highways England has recently been consulted on an associated application at Straitgate Farm for a new access to the B3174 Exeter Road to provide a livestock crossing incorporating holding pens (ref: 20/2542/FUL), which I have also attached for your reference. 

We wish to bring our response to application 20/2542/FUL to your attention to make clear that Highways England cannot support any intensification of frequency or duration of the current cattle crossing movements at Straitgate Farm over those set out in our response and Appendix E of the 2018 TA (West Country Rural email dated 26/02/2018), without appropriate assessment of the impact on the safe and efficient operation of the A30 trunk road. 

As set out in our response to application 20/2542/FUL, any increase in the frequency and/or duration of closures of the B3174 during the network peak periods when traffic is at its heaviest is likely to result in queues extending back to the A30 which may result in an unacceptable safety impact contrary to paragraph 109 of National Planning Policy Framework (2019) and paragraph 10 of DfT Circular 02/2013 “The Strategic Road Network and the Delivery of Sustainable Development”. Therefore should there be any proposed increase in the frequency and/or duration of closures of the B3174 to facilitate the crossing of livestock, an assessment of the impact of such closures on the safe operation of the A30 trunk road must be undertaken. 

Therefore in addition to clarification regarding the TA, we wish to seek assurances from the Council that no additional cattle movements (and closures of the B3174) associated with Straitgate Farm will be supported without appropriate assessment of the impact on the safe operation of the A30 trunk road, in consultation with Highways England.

EDDC objects

East Devon District Council has objected to Aggregate Industries’ planning application to quarry Straitgate Farm, on the basis that removing a large proportion of the grazing land for mineral extraction would lead to an intensification of livestock crossing the main route into and out of Ottery St Mary: 

In the seemingly likely event that a need arises for increased crossings of the B3174, neither the existing crossing arrangements nor the approved arrangements are considered suitable given the speed of traffic, the advance visibility and the fact that delays to traffic on this road would adversely affect a large number of businesses, schools and people in Ottery St Mary, as well as the emergency services… Because of the failure to convincingly offset the impacts of the development, the proposal would be contrary to Policy NP14 of the Neighbourhood Plan and Strategy 50 and Policy TC7 of the Local Plan.

 

EDDC approves AI’s application for cattle crossing – with conditions

Aggregate Industries' planning application for "a new agricultural access onto the B3174 Exeter Road to facilitate an efficient crossing point for the current dairy herd at Straitgate Farm" was today approved by East Devon District Council. 

It may have been a hollow victory for the company though, given that Condition 6 – "The access shall not be used for any additional livestock movements" – would not permit the current dairy herd to use the new access more than a few times a year. 

Aggregate Industries’ representative spoke at the meeting, claiming: 

The farm tenants, via their agent, had informed the company of their requirements to move the dairy herd and other livestock, more particularly described in the application document at paragraph 1.7 of the supporting statement, across the Exeter Road to access other grazing land to the south owned by the tenants’ family.

In other words, it was all the tenants’ idea, the company was doing them a favour. Yeah, right. 

The truth is that only when it became clear that a quarry at Straitgate Farm would remove almost 90% of the grazing land on the north side of the road were Devon County Council informed that the dairy herd would need to regularly cross the B3174 Exeter Road to access replacement pasture. Aggregate Industries submitted the planning application for a new field access and holding pens following advice from Devon County Council. 

Where do we stand now? Nothing has changed. The farm's dairy herd would still need to access replacement pasture on the south side of the road should a quarry proceed. Does this application put any restriction on future movements elsewhere? Of course not. As we’ve posted before: 

 ... neither Aggregate Industries nor Devon County Council can tell the farmer how to run their business. There are no laws preventing farmers herding livestock across or along roads. The highway authority has no explicit powers to prevent a farmer doing so. As long as it's done safely, with crossing points washed down, if the farmer needs to put cows across the road to sustain their business then they can do so. It happens all over Devon. 

Cllr Key echoed the very same thing at the meeting today:

In actual fact, if somebody wanted, they could walk cattle from one end of that road to the other, and nobody could stop them, so long as they’ve got somebody in front and somebody behind, there’s no way at all that anybody could stop them, and they could take all day to do it.

EDDC to determine AI’s planning application for cattle crossing on 9 June

Aggregate Industries’ planning application 20/2542/FUL for a "New access to the B3174 Exeter Road to provide a livestock crossing incorporating holding pens" in an effort to facilitate plans for a quarry at Straitgate Farm will be determined by East Devon District Council on 9 June. 

Previous posts on the subject can be found here. The company’s Supporting Statement reads: 

AIUK is seeking permission for a new agricultural access onto the B3174 Exeter Road to facilitate an efficient crossing point for the current dairy herd at Straitgate Farm.  

Planning officers have concluded the application "is not to increase the frequency or duration of road closures" and have therefore recommended approval with conditions accordingly. Here are a few excerpts from their report: 

If the quarrying development were to go ahead then the majority of the grazing pasture on the north side of the B3174 would be unavailable, potentially necessitating four daily crossings of the B3174 for milking.

Whatever the crossing frequency, it is important to note that this application is only for a new access, not for any other development (such as the proposed quarry) that could lead to an increased need for livestock to cross the road. Any increase in the number of crossings that might arise as a result of the quarry going ahead is only relevant to that application and not to this application for the new access. As such, any implications from increased crossing is for consideration by DCC as part of the planning application under their consideration. 

CONCLUSION 

It is noted that in addition to highway safety concerns, objections have been raised about delays to traffic, including emergency vehicles, increased pollution, traffic diverting along unsuitable lanes and the impact on the local economy but none of these issues would be made worse by the proposal as no increase in crossings is proposed. 

The proposed improvements to the existing crossing between Straitgate Farm and its land on the south side of the B3174 are acceptable and will reduce crossing times and aid highway safety. The creation of a new access point would not in itself result in a greater need to cross the road and therefore on the basis that the frequency and duration of crossings would be the same as existing (and is conditioned as such) there is no reason to object to the proposal. 

Should the minerals extraction application being dealt with by Devon County require/result in an increase in road crossings, and potentially changes to the crossing (maybe through provision of a tunnel), that will be for Devon County to consider and secure/refuse as part of the determination of that planning application. 

RECOMMENDATION 

APPROVE subject to the following conditions: 

6. The access hereby permitted shall only be used to facilitate the movement of livestock across the B3174 in the circumstances described in paragraph 1.7 of the Supporting Statement prepared by Aggregate Industries UK Limited dated November 2020. The access shall not be used for any additional livestock movements. (Reason - The proposal has been assessed on the basis of the livestock movements described in the supporting statement and any intensification of the use would require further assessment in accordance with Policy TC7 - Adequacy of Road Network and Site Access of the East Devon Local Plan 2013-2031.)

AI’s Transport Assessment is riddled with errors and fatally flawed

How much care has gone into the new documents supporting Aggregate Industries’ planning application to quarry Straitgate Farm, the ones now subject to public consultation?

Has anybody at Aggregate Industries bothered to check them? It certainly doesn’t look like it. It’s almost as though the company can’t be bothered any more. 

Take the newly supplied Transport Assessment. This is the company’s third transport assessment since 2015, from its third set of traffic consultants. This one is from Horizon Consulting Engineers Ltd. It may be newly supplied, but it’s not newly written. It’s dated July 2018. The traffic count is almost 3 years old; collision data more than 4 years old. 

It’s been through some changes too. As submitted, it stands at Revision E which claims:

1.1.8 It has been agreed with the Tenant farmer... that there will not be a need to intensify livestock crossings over the B3174 Exeter Road...

It’s a big claim. And a big lie. No agreement, legal or otherwise, has been presented in the Transport Assessment or elsewhere other than an email from the farmer’s land agent which finishes by saying "these movements would need to occur daily." This email was added in Revision D of the document, replacing an unsigned Joint Statement authored by Aggregate Industries. Why? Revision C tells us that "the Tenant Farmer has been advised by their Solicitor and Agent not to sign the document", which will sound to most normal people as not agreed. 

Devon County Council wrote to Aggregate Industries in November 2017, saying:

... in order to assess the potential highway safety impacts the MPA needs to have reliable information on existing and potential agricultural crossings of the Exeter Road and, in particular how this would be controlled in the future in the interests of highway safety.... 

If we do not receive this information in full I cannot address the likely highway safety impacts in any report to the County Council’s Development Management Committee. 

But neither Aggregate Industries nor Devon County Council can tell the farmer how to run their business. There are no laws preventing farmers herding livestock across or along roads. The highway authority has no explicit powers to prevent a farmer doing so. As long as it's done safely, with crossing points washed down, if the farmer needs to put cows across the road to sustain their business then they can do so. It happens all over Devon.

Moreover, within reason, the farmer can take whatever time it takes to move the 150 cows across the B3174 Exeter Road and clean up afterwards. 

Some cows can’t be hurried, despite what Aggregate Industries’ traffic consultant claims. Revision D in March 2019 was updated to Revision E in June 2019. The only substantive change? 

3.2.6 Dairy herds of similar size have been observed at other farms in Devon crossing a similar distance, without splitting the herd, in 4 minutes. 

Really? And how long did the traffic consultant scour Devon looking for such herds? Or was it the task of an Aggregate Industries’ operative? Or was it no one? In any case, it’s immaterial. Cows will take whatever time cows will take; 150 cows from this Devon herd would certainly not take 4 minutes:

 

So the Transport Assessment is fatally flawed. It has not assessed the impact of the additional cattle that would have to cross the B3174 Exeter Road as a direct consequence of the planning application, an application that seeks to remove almost 90% of pasture for mineral extraction and associated infrastructure. It has not assessed the impact on the functioning of the road network, including the A30. It has not assessed the impact on safety. 

What other clangers are there? The usual inconsistencies: 

4.1.1 Over an eight to ten year period it is proposed to extract circa 1.5 million tonnes of ‘as-raised’ sand and gravel... 

5.1.1 Sand and gravel extraction at Straitgate Farm is proposed... over an estimated 10 to 12 year period.

Which is it? On the risk to school children: 

5.5.6 To address the identified risk to students of HGV’s the Applicant has agreed to an embargo during term time on HGV movements between the hours of 08:05 and 08:30 in the AM peak... 

3.2.11 A site visit was undertaken... The coach arrived at 8.36 am. 

Brilliant. On site access: 

4.2.1 The purpose of this report is not to revisit the previously discounted access points... 

Of course not. Want to know why? Previously, Aggregate Industries had dismissed the very site access it is now promoting: 

5.44 The southern option, onto the B3174, was dismissed early in the process on highway safety grounds.

On being so out of date, events have already superseded it: 

5.5.10 ...the Applicant would assist the Tennant [sic] in submitting an application for an agricultural access 

Aggregate Industries submitted such an application to East Devon District Council last December, not as some kindly act of assistance, but to facilitate its quarry plans. 

On accidents: 

3.2.32 ...No collisions involving HGV’s [sic] have occurred within the three year period... 

That’s based on 5 years of data up to 31 December 2016. What about since then? Devon County's map is now "displaying collisions between 01/01/2016 and 31/12/2020"? 

Aggregate Industries wants to haul material along the B3174 to the A30 Daisymount Junction. So why not assess that stretch? Why assess just this little area? 

Is it because when consultants looked further they discovered this fatal accident? 

And regarding that business about "No collisions involving HGV’s", well that obviously overlooks this little incident in April 2016: 

And we all know how many accidents there have been since then – including HGVs – on this stretch of the B3174 Exeter Road, where Aggregate Industries wants to put up to 216 HGV movements per day. There’s even a label – B3174 accident – on the side of this blog pointing some of them out. 

Which makes this Devon County Council internal email – released through an FOI request – all the more embarrassing: 

And where are we now? Going out to yet another consultation, seeking comments on a document riddled with errors. Do Aggregate Industries and Devon County Council think local people have nothing better to do with their time than waste it on mineral consultations, going through error-riddled-document after error-riddled-document, pointing out problem after problem, problems that should have been ironed out BEFORE seeking their views? 

After all, it’s not as though Aggregate Industries hasn’t had the time. 

Why doesn’t AI’s RSA mention the accidents?

The Stage 1 Road Safety Audit, submitted by Aggregate Industries to support its planning application for a cattle crossing across the B3174 Exeter Road, to facilitate its plans for a quarry, claims to: 

...review the road safety aspects of the proposed highways proposals associated with the proposed construction of a new farm access and modified cattle crossing arrangements at Straitgate Farm in Ottery St Mary. 1.10 

You might expect such a review to assess the accidents that have happened on this road – given that many have occurred in the very location proposed for the crossing, one even involving the telegraph pole that features on the front cover of the RSA itself. 

So – given Aggregate Industries' consultants supplied a brief to the auditors which apparently included "collision data" – isn’t it strange that the company’s Road Safety Audit makes no reference to these:

Isn't it strange – considering ALL the above occurred in the very same location proposed for the crossing?

Highways England reiterates concerns

Highways England has responded to the additional information supplied by Aggregate Industries in relation to planning application 20/2542/FUL, which details the use of flashing warning lights "to facilitate an efficient crossing point for the current dairy herd at Straitgate Farm." 

Highways England… continues to offer no objection to the application on the basis that the frequency of livestock crossing movements does not increase over those set out in Table 1 of our formal planning response dated 31 December 2020. Any increase to the proposed frequency and/or duration of road closures of the B3174 over those set out in Table 1 will not be supported without appropriate assessment to ensure an unacceptable impact on the safe operation of the strategic road network does not occur.

What does "Table 1" in Highways England's earlier response say about the "150 Dairy cows"? 

As needed by exception, approximately 4 daily movements 3 times per year.

By contrast, Aggregate Industries would need regular cattle crossings to facilitate a quarry at Straitgate. 

Why is Highways England concerned that this should not become a regular crossing point for the current dairy herd, with all the associated delays? Highways England says: 

Given the proximity of the crossing point to the A30 westbound offslip, any increase in the frequency of livestock crossing movements and therefore the period of time the B3174 will be closed may result in queuing vehicles extending further back towards the A30, and potentially onto the A30 mainline which will be considered as having an unacceptable impact on highway safety…

AI’s claim – that flashing lights solve cattle crossing conundrum – based on a Road Safety Audit that bizarrely assumes ‘no additional livestock movements’

Aggregate Industries has now supplied further information to East Devon District Council in connection with its planning application 20/2542/FUL for "a new agricultural access to facilitate an efficient crossing point for the current dairy herd at Straitgate Farm" across the B3174 Exeter Road.

This application is required for Aggregate Industries' plans to open a quarry at Straitgate. As the company explained in 2017:

1.5 To supplement the grazing needs of the tenant’s dairy herd it will be the intention of the applicant to provide a new dedicated route for cattle from the existing milking parlour at Straitgate Farm to the land south of Exeter Road. The new route would include a proposed cattle crossing on the B3174 Exeter Road. The number of daily movements over the proposed cattle crossing at times when the dairy herd is grazing the land south of Exeter Road would be twice in each direction. 

However, Aggregate Industries has been trying to find a way around this issue for almost four years. The company’s plans would swallow almost 90% of the available pasture for mineral extraction and associated infrastructure. Some 150 dairy cows would need to cross Ottery’s busiest road up to four times daily to replacement pasture. 

Nevertheless, we are all aware of the problem, including – as we discovered through a FOI request – Devon County Council’s Chief Planner, who in November 2017 remarked:

...it seems to me that it [is] inherently unsafe to have any beasts crossing such a fast straight road.

After four years, Aggregate Industries now thinks it’s found the solution – judging by new documents lodged with EDDC. 

Following on from our last post on the issue, a Stage 1 Road Safety Audit has now been supplied, with the recommendation that flashing amber lights be installed "positioned 20m from crossing point". 

If that was all that were needed, you might rightly wonder why all the delay.

The problem is – it’s not all that is needed. Flashing lights will do nothing to solve the potential delays – including to emergency vehicles on their way to Ottery’s hospital. Flashing lights will do nothing to stop vehicles backing up to the A30 Daisymount junction. As Barack Obama famously said: "You can put lipstick on a pig - it's still a pig". 

Even the Traffic Signs Manual document supplied by Aggregate Industries confirms this is no fix: 

10.6 Such signing is not intended as a solution for anticipated problems on planned new roads, major improvements, or where at other sites the movement of cattle would frequently obstruct traffic for a period of more than three minutes.

Clearly, we're not talking about 3 minutes here. We’re talking about a herd of 150 slow moving dairy cows, not a herd of galloping wildebeest. We’re talking about closing the main route into and out of Ottery for an hour each day – four crossings of 15 minutes each.

    

And lest we forget, the position Aggregate Industries has chosen for this cattle crossing has a visibility distance of only 160m, which does not even meet the required minimum, given that the 85th percentile vehicle speed eastbound was recorded as 58.2 mph:

But let’s look at the Stage 1 Road Safety Audit from one-man-band outfit "Sterling Road Safety". How did it conclude that the absence of advanced warning signage was the only problem? What information were the auditors provided? Who briefed them? According to the RSA:

1.5 The Road Safety Audit was undertaken in accordance with the Road Safety Audit Brief instructions provided…

1.12 Paragraph 2.1 of the Audit Brief describes the proposals and the livestock movements involved. In the interests of clarity, the Auditor’s understanding of this is that:… No additional livestock movements are proposed and crossings will occur at broadly similar frequencies and times of day as at present;

Who supplied that brief? Why, Aggregate Industries’ very own traffic consultant, of course. 

So the recommendation for flashing lights is on the basis that: 

2.1 The Auditors have noted that the proposals do not change the number of crossings undertaken or the eastbound SSD, and also that livestock should be in the carriageway for less time than at present. The reduced exposure time should reduce the likelihood of collisions occurring.

Livestock in the carriageway for LESS time than at present is plainly a bonkers assumption, given that if almost 90% of the grazing pasture from the farm were taken for quarrying, the farmer would be forced to seek alternative pasture on the south side of the road; 150 cows would be forced to cross the road up to four times daily during the lifetime of the quarry.  

The auditors have evidently not even read Aggregate Industries’ own Supporting Statement for the same application which tells us: 

3.1 The application proposal comprises the construction of a new agricultural access to facilitate an efficient crossing point for the current dairy herd at Straitgate Farm. 

Currently, this location is NOT a regular crossing point for the current dairy herd – so how on earth can LESS movements be assumed? Given these misguided assumptions, the conclusions of Aggregate Industries’ RSA are patently worthless, and so therefore is the proposal to rely on flashing lights. 

The application is open for comments until 24 March. 

Cattle crossing: More delays likely as AI required to undertake Road Safety Audit

Aggregate Industries’ planning application for a cattle crossing – to facilitate a quarry at Straitgate Farm, with processing 23 miles away and up to 216 HGV movements a day – claims "betterment" for the existing infrequent and irregular livestock crossing by introducing "a new field gate" to allow perpendicular rather than diagonal crossings. 

In Aggregate Industries’ alternative universe: 

The proposed crossing... provides betterment to the current situation in terms of enabling a shorter traverse of the highway, effectively reducing crossing times which both the tenant farmer and road users will benefit from. 

The fact that this crossing would only be needed if a quarry were permitted at Straitgate Farm – to allow the existing dairy herd to access alternative pasture to replace the 90% lost to mineral workings – or that this crossing would close the main route to Ottery and its hospital for an hour every day (4 crossings 15 minutes each) causing traffic to back up at peak times to the A30 Daisymount roundabout has all been neatly and conveniently glossed over by Aggregate Industries. 

Last month, we posted that the consultation period for the cattle crossing application had been extended. At that time, East Devon District Council advised:

We have not had a response from the Highway Authority and the application won’t be determined until we have. I do not anticipate a decision being made until February or March in view of the outstanding consultations. 

This week a response was provided from Devon County Highway Authority, in emails here and here, with the relevant sections below:

16 Dec 2020 Devon County Council to Aggregate Industries: 

I have been consulted by EDDC on the above and whilst I think that the more direct route for cattle crossing, in itself, would be an improvement over the existing. It would be helpful to have a Stage 1 Road Safety Audit for the scheme and ask if you would be happy to provide this. 

18 Dec 2020 Aggregate Industries to Devon County Council: 

Apologies for my delay in replying, but have now spoken to [consultant] at Horizon Consulting Engineers regarding your request for a Stage 1 RSA which I confirm we would be happy to provide. You will recall that the Stage 1 RSA associated with our Straitgate mineral application picked up on the issue of the existing diagonal cattle crossing over the B3174 Exeter Road. Moreover, it was recommended during a meeting with you and your highway colleagues to provide betterment of the existing situation which this application seeks to do. Many thanks for your attention in this matter and we shall undertake the Stage 1 RSA as soon as practicable. 

11 Feb 2021 Devon County Council to East Devon District Council: 

Upon receipt and examination of said Stage 1 RSA, the CHA will be happy to make its Highway Response to the LPA. Sorry that I hadn’t informed [you] of this request earlier. 

So, presumably more delays on the cards – as Aggregate Industries waits for a time that is practicable. 

And is Aggregate Industries guilty of gaslighting the County highways officer? Claiming betterment for this application, the company suggests the officer recalls the initial Road Safety Audit and the word diagonal:

You will recall that the Stage 1 RSA associated with our Straitgate mineral application picked up on the issue of the existing diagonal cattle crossing over the B3174 Exeter Road.

The problem with that? The word diagonal was not raised in the referenced Stage 1 RSA – which recognised a cattle crossing "could be an additional hazard to users of the B3174" – and nor was it raised in the accompanying letter, which summarised: 

If a cattle crossing is considered necessary to maintain the operation of the farm and is viable with the agreement of the Client, the detailed design of the crossing will include the necessary signage to TSRHD and follow the advice within TA 56 / 87 ‘Hazardous Cattle Crossing – Use of Flashing Amber Lights’.

Oh, how Aggregate Industries plays with words.  

AI’s planning application for cattle crossing – consultation period extended

Last month, as we posted, Aggregate Industries submitted planning application 20/2542/FUL to East Devon District Council "to facilitate an efficient crossing point for the current dairy herd at Straitgate Farm" across the B3174 Exeter Road, Ottery’s busiest road. It was another twist in the company’s bungling and interminable struggle to win permission to quarry almost 90% of the farm’s acreage.

The application was submitted in an effort to assuage concerns raised by Devon County Council – concerns revealed by this FOI request. The Council had made it clear to Aggregate Industries that the issues of cows and their impact on road safety had to be dealt with before the company’s application to quarry Straitgate Farm could proceed any further; the cows being the 150 or so in number that currently graze the site, that would require to cross the road 4x daily to alternative pasture if quarrying proceeded. 

For anyone not lucky enough to watch cows crossing a road, here’s a video taken elsewhere in Devon.

East Devon District Council received almost 50 objections to Aggregate Industries’ cattle crossing proposal, including from West Hill Parish Council and Ottery Town Council. No response has yet been received from Devon County Highway Authority, but Highways England warned: 

Should any increase in the frequency and/or duration of closures of the B3174 be proposed in future (to facilitate the crossing of livestock), an assessment of the impact of this on the safe operation of the A30 trunk road must be undertaken.

Currently, livestock cross the B3174 Exeter Road infrequently, at quiet times, and in low numbers.

The application closed for comments on 12 January. Days later, however, the consultation was re-opened. Three further parties were added to the consultee list: Exeter Airport, Devon County Council Minerals Planning Authority and Devon Stone Federation.

Quite why these parties have only now been consulted is unclear. Straitgate Farm is in a Mineral Consultation Area. Although, the latter two bodies should be consulted on planning applications within those Consultation Areas, "the construction or alteration of an access or a fence or other boundary.." is exempt from the need for consultation, according to Appendix B of the Minerals Plan. What these parties can add to the debate over a proposal for "a new field gate" remains to be seen. 

For anyone still wanting to respond to this madcap proposal, the consultation period has now been extended to 7 February.

Highways England says risk to A30 must be assessed if livestock movements across B3174 were to increase

Highways England has responded to Aggregate Industries’ planning application 20/2542/FUL, the one wishing "to facilitate an efficient crossing point for the current dairy herd at Straitgate Farm."

Highways England reminds us that "development that results in an unacceptable impact on highway safety can be refused on highways grounds in line with paragraph 109 of the NPPF", and warns:

Whilst the B3174 forms part of the local highway network and therefore falls within the responsibility of Devon County Council, given the proximity of the crossing point to the A30 westbound offslip, any increase in the frequency of livestock crossing movements and therefore the period of time the B3174 will be closed may result in queuing vehicles extending further back towards the A30, and potentially onto the A30 mainline.

The closure of the B3174 during the network peak periods when traffic is at its heaviest may result in queues extending back to the A30 and should more frequent crossings be proposed than set out above (i.e. no longer by exception only), the impact of this on the daily operation of the A30 would need to be assessed to ensure an unacceptable safety impact would not occur.

Highways England offers no objection to Aggregate Industries’ application, providing "the frequency of livestock crossing movements does not increase... subject to the following advice":

Should any increase in the frequency and/or duration of closures of the B3174 be proposed in future (to facilitate the crossing of livestock), an assessment of the impact of this on the safe operation of the A30 trunk road must be undertaken.

Currently, livestock cross the B3174 Exeter Road infrequently, at quiet times, and in low numbers.

 

What assurances has Highways England sought from Aggregate Industries to arrive at this recommendation? Highways England says:

The applicant’s agent, Clive Tompkins of Aggregate Industries UK Limited, has confirmed to Highways England that no increase in the frequency of livestock crossings/B3174 road closures is proposed by the application.

And that's right. The application does not propose an increase. The application is for a gate.

In fact, Aggregate Industries expressly fails to mention the frequency of crossings to alternative pasture on the south side of the B3174, save to say that moving the herd may be required in "certain circumstances". As we posted:

What "certain circumstances" means for this efficient crossing point for the current dairy herd we are not told. Four times a day? For ever more? Who knows?

However, Aggregate Industries’ planning application to quarry Straitgate is another matter entirely. That application would obviously necessitate an increase in crossings. How could it not, if almost 90% of the available pasture is swallowed for mineral extraction? In which case, according to Highways England, "an assessment of the impact of this on the safe operation of the A30 trunk road must be undertaken."

To date, Aggregate Industries has not wanted to assess such an impact. One can only guess why not.

FOI request from DCC reveals more on murky cattle crossing issue

Last month, Aggregate Industries submitted a planning application for a cattle crossing. Application 20/2542/FUL is open for comments until 12 January. The company’s Supporting Statement reads:

AIUK is seeking permission for a new agricultural access onto the B3174 Exeter Road to facilitate an efficient crossing point for the current dairy herd at Straitgate Farm. 6.2

Straitgate Farm is let under an Agricultural Holdings Act Tenancy and supports a dairy business comprising a herd of some 150 cows. In certain circumstances it may become necessary for the farm tenant to move the dairy herd over to the south of the B3174 to access other grazing land owned by the tenant’s family. 6.1

What "certain circumstances" means for this efficient crossing point for the current dairy herd we are not told. Four times a day? For ever more? Who knows? Aggregate Industries does not even try to quantify the increase of livestock movements over the established "baseline". But more on that later, together with another phrase bandied around, "worst case scenario".

Aggregate Industries didn’t submit this application as some charitable gesture for the tenant farmer. The application is critical if the company is ever to quarry Straitgate Farm. Devon County Council has made it clear that it needs to see how the issues of cows and their impact on road safety can be dealt with before proceeding further.

This is an issue that has been kicking around since 2017. Documents released after an FOI request last year give an indication of what’s been going on behind the scenes.

In a letter to Aggregate Industries in November 2017, DCC admits "the proposed location would present safety concerns":

...having discussed this with highway colleagues on the basis of the information submitted with the Regulation 22 responses, initial indications are that the proposed location would present safety concerns. This needs to be clearly addressed if the need for the cattle crossing situation is arising as a consequence of your proposed development.

...any impact on road safety is likely to be a material consideration. Therefore, in order to assess the potential highway safety impacts the MPA needs to have reliable information on existing and potential agricultural crossings of the Exeter Road and, in particular how this would be controlled in the future in the interests of highway safety.

But safety concerns were not addressed, clearly or otherwise. Reliable information was not forthcoming. Quite the reverse. By 2018, things were still no clearer. In internal correspondence within DCC:

We don’t know quite where the crossing point is, or how many cows they have. We have the transport guy saying 15-30 cows and I have also seen 80 and 100 quoted. We also have the time of milking. The transport consultant suggests, to avoid peak traffic, that they could be milked at 10.00-11.00 in the morning – with no indication of what time of night they would need to be milked or if the farmer would agree to that. In fact it is not even clear if the transport consultant realises cows are milked twice a day!

In another internal DCC email, the Council was wanting Aggregate Industries to demonstrate that any quarry "wouldn’t increase the danger to highway users by increasing crossing movements":

I don’t think what we asked for was unreasonable – which was the baseline to be adjusted to include the cattle movements and for the applicant to demonstrate that the proposed development wouldn’t increase the danger to highway users by increasing crossing movements because there is less land to graze on the northern side of the road whilst the quarry is operating.

Fast forward to 2021. Has anything been resolved? Has Aggregate Industries demonstrated that more frequent cattle movements wouldn’t increase the danger to highway users? Of course not. No safety assessment on this issue has yet been provided. Consultants Vectos had previously warned:

The provision of a Cattle crossing over the B3174 may have severe impact on the operation of the B3174

In Aggregate Industries' Supporting Statement, the company claims:

The proposed crossing... provides betterment to the current situation in terms of enabling a shorter traverse of the highway, effectively reducing crossing times which both the tenant farmer and road users will benefit from.

Betterment? Straight across the road rather than diagonal is not betterment when we’re talking about introducing 150 slow moving cows, with set-up and clear-up times. In what parallel universe does Aggregate Industries operate??

Let’s remember, the current situation is that livestock cross this road a) infrequently, b) at quiet times, and c) in low numbers. Dairy cows DO NOT generally cross this road. The farmer has no requirement for such crossings, given the amount of pasture north of the B3174. It’s not complicated.

However, if almost 90% of the grazing pasture from the farm were taken for quarrying, the farmer would be forced to seek alternative pasture on the south side of the road; 150 cows would be forced to cross the road four times daily during the lifetime of the quarry. Again, this is not complicated.

Aggregate Industries’ Supporting Statement states:

The tenant farmer has made it known to Aggregate Industries UK in its capacity as Landlord that in certain circumstances it may become necessary to move the dairy herd and other livestock over to the south of the B3174 Exeter Road to access other grazing land owned by the tenant’s family.

But let’s get this clear. The crossing would ONLY be needed if any quarrying were to proceed. No farmer would want to be forced to cross this road with 150 cows four times a day, any more than any driver would want to wait the 15 minutes or more while they do so.

So how on earth can Aggregate Industries claim such a crossing "provides betterment to the current situation"? Since when has introducing a new hazard on a road – designated with warning signs 35m each side of the crossing for any one in doubt – been called betterment?

Furthermore, how on earth is it that Aggregate Industries’ application fails to mention that up to 216 HGVs a day – one every 3 minutes – would be put into the mix from its own operations, fails to assess the safety implications on this 60mph limit road, fails to mention the frequent accidents along this stretch of road, fails to assess the resulting queues of traffic, fails to assess the impact of such queues on the A30 Daisymount junction, fails to assess the impact on emergency traffic to the hospital, fails to assess the creation of rat runs to avoid the queues, fails to assess the implications of muck on the road?

How on earth – for Ottery’s main and busiest road – is it that none of this is mentioned? How is it that Aggregate Industries has the gall to claim "there are no material considerations why planning permission should not be granted"?

In fact, how have the issues of road safety connected with this crossing been swept so neatly under the carpet? What has been going on behind the scenes? What false illusions might Devon County Council have been labouring under? Fortunately, previous Freedom of Information requests to the Council tell us.

In an email from DCC in 2019, advising Aggregate Industries to seek planning permission for a cattle crossing to 'improve' upon the current diagonal crossing point:

It appears that this would be a betterment of the existing situation and is related to the proposed mineral working based upon the worst case scenario of the available cattle movements, as put forward (TA 3.2.3) in the email from the Tenant Farmer to the Mineral Planning Authority dated 26 February 2018.

The email referred to, from the Tenant Farmer’s Land Agent, details the existing infrequent movements. But what the email also says is:

In the event that no cow tracks were installed at Straitgate, and in time that no additional cubicle housing were erected to house the dairy herd these movements would need to occur daily.

How very selective of Aggregate Industries to have chosen to omit this line from its Supporting Statement for the cattle crossing.

But why is DCC talking about "betterment", given that Aggregate Industries’ Supporting Statement makes clear that the application is "to facilitate an efficient crossing point for the current dairy herd at Straitgate Farm"? Has DCC been labouring under the illusion that cattle numbers crossing the road would not increase? Perhaps so. Look at Aggregate Industries’ draft Transport Assessment:

The Applicant, Aggregate Industries UK, will work with any current or future operator of the farm to maintain sufficient grazing such that livestock crossings will not need to increase above the baseline stated within the email from West Country Rural Ltd. 6.3.7

This is plainly nonsense given that a quarry would remove almost 90% of the land.

The area of the existing agricultural holding extends to some 120.78 acres (48.9ha)… The application site covers an area extending to some 42.5ha, with mineral extraction proposed to take place within 22.6ha with the remainder of the site occupied by temporary soil storage bunds, mitigation planting and site management and access areas. 2.1.10

And what is the "worst case scenario" Devon County Council mentions? In an internal DCC email dated 4 September 2019:

Basically I want [DCC Highways officials'] opinion on if we take the ‘worse case scenario’ of the uncorroborated report of cattle movements across Exeter Road in the revised TA, including an email from the Tennant (App E) and plan showing the livestock crossing point (App F). Then should we be recommending that these cattle movements are mitigated by a condition requiring realignment of the crossing point to be at 90 degrees to the highway and/or cattle pens are required on the south side to aid quickness of movement.

But what is the "worst case scenario"? Existing numbers? It’s not entirely clear people know. In an internal DCC email 23 August 2019:

...is it clear that it’s the worst case scenario this time?

In another internal DCC email dated 21 November 2018

I didn’t read the worst case scenario so not entirely sure what the difference is.

And another dated 21 February 2018:

If we, in one of the most rural counties in England, go before our committee ‐ which has one or two farmers on it, without a realistic baseline on the agricultural activities we would be rightly chastised ‐ and the objectors would make sure that happened…. It is incomprehensible that [AI's traffic consultant] is saying 15‐30 cows.

So what is the "worst case scenario" everyone is referring to? Has a worst case ever been presented? Aggregate Industries’ traffic consultant, the one that seemed unsure whether "cows are milked twice a day", the one saying "15‐30 cows", originally claimed:

Our interpretation is therefore based on a logical ‘worst case’ situation from the base line information.

This is the baseline information referred to in the email dated 26 February 2018 from the tenant farmer’s land agent. This email details existing movements, NOT the worst case scenario where the entire dairy herd would have to cross the road four times daily.

So when DCC refers to betterment, it appears to be referring to the existing movements, NOT the future movements that would need to occur should quarrying remove 105 of the farm’s 120 acres on the north side of the B3174. Aggregate Industries’ application however is "to facilitate an efficient crossing point for the current dairy herd at Straitgate Farm", an entirely different set of numbers altogether.

Where might the confusion arise from? DCC had initially asked for a joint statement between Aggregate Industries and the farmer. The company produced a statement, and put it – unsigned – in its Transport Assessment. The document claimed:

The approach outlined above negates the need for the Tenant to arrange to move livestock across the public highway at a greater frequency than that of the baseline and therefore there will not be a requirement to construct a new crossing point.

The problem was that the statement remained unsigned. Aggregate Industries’ traffic consultant, in an email to DCC 21 May 2019, was forced to admit:

We have removed the joint statement from the appendix and replaced it with the email from the land agent which sets out the livestock movements.

The existing movements email is what all parties are relying on. Indeed, Revision E of the company’s Transport Assessment reads:

The Tenant Farmer, through their Land Agent, provided the following information (reproduced below for ease of reference) direct to the Mineral Planning Authority, by email dated 26 February 2018, in relation to annual livestock movements across the B3174. The data below fixes the current baseline based on the current Tenant Farmer’s operational practices. 3.2.3

Again, this is the very same email that warns:

In the event that no cow tracks were installed at Straitgate, and in time that no additional cubicle housing were erected to house the dairy herd these movements would need to occur daily.

So betterment? Of course not. Clearly Devon County Council is trying everything possible to make this work, but 150 cows crossing four times daily across Ottery's busiest road for up to 12 years cannot just be magicked away, neither can "the danger to highway users by increasing crossing movements".