Monday, 23 January 2023

AI’s plans for Straitgate incompatible with Inspectors’ planning conditions

The Planning Inspectorate has granted Aggregate Industries permission to extract sand and gravel at Straitgate Farm – despite the fact that the company’s approved plans cannot be implemented without one of the imposed conditions being broken.

It has long been recognised that mineral extraction at Straitgate could introduce bodies of water directly below the flight path of Exeter Airport, thereby increasing the risk of birdstrike. In 2012, Exeter Airport wrote to Devon County Council with its concerns: 
As you are aware, the risk of a bird strike on an aircraft can be catastrophic, and as a result all aviation stakeholders do all possible to mitigate against this happening. 

Under the Air Navigation Law, it is a criminal offence to endanger an aircraft or its occupants by any means. 

The creation of any body of water, particularly on a long term basis, has the potential to create a suitable habitat which encourages an increase in bird activity for nesting, feeding and migration. 

Due to the location of the proposed quarry, it is felt that there is a real risk to aircraft if there is an increase in this area.
In light of these concerns – documented as a constraint in the Devon Minerals Plan – conditions relating to Airport Safeguarding were recommended in the Officer’s Report in 2021. 

However, based on comments made on the last day of the Public Inquiry, the condition relating to Airport Safeguarding and the creation of water bodies was strengthened by the Inspectors. It now reads: 
This condition, which Aggregate Industries must comply with if it is to quarry Straitgate Farm, is clear and unambiguous. It is not limited by the size or duration of any water body – large or small, permanent or temporary. 

What exactly is a water body? Wikipedia says "The term most often refers to oceans, seas, and lakes, but it includes smaller pools of water such as ponds, wetlands, or more rarely, puddles." LawInsider goes further. This helpful graphic also explains. 

How easy would it be to create a water body at Straitgate? Fortunately, we know. Aggregate Industries’ archeological investigations were held up in October 2014 because water in the archaeological trenches would not drain away. 

We also know that Aggregate Industries has form in creating water bodies that attract birds elsewhere at their sites in Devon – just click on the labels airport safeguarding or birdstrike, or these posts here, here, here, here, here and here. Below is a photo of a water body left by the company at Hillhead:

But let’s put all that to one side for a moment. 

One of Aggregate Industries’ approved plans – listed in the Planning Inspectors’ report as Restoration Scheme SF/6 rev E – actually encourages water bodies: 
EPHEMERAL WATER BODIES AND SPECIES-RICH WET GRASSLAND TO BE ENCOURAGED IN LOW-LYING INFILTRATION AREAS (IN THE BASE OF THE DEPRESSIONS)

As low points in the quarried landform, water bodies might be expected to form in these areas. But Aggregate Industries says they are needed for surface water management reasons too: 
The features are part of site restoration to ensure the site is restored to baseline conditions with some betterment. The features allow the restored site to mimic natural conditions, but ensure a greater proportion of rainfall passes to ground to provide flow support to the watercourses, rather than passing off-site as overland flow. 2.18.7 
In addition to that, the creation of infiltration areas on the eastern boundary of the site is an integral part of the company’s flood mitigation scheme. At the Public Inquiry the Inspectors were told by Aggregate Industries’ hydrogeology witness that standing water will remain in these areas for up to 15 days in the summer and 24 days in the winter. Of course, if it rains again in the meantime – as it often does – the duration will be extended. 


So – there is a contradiction. Aggregate Industries’ plans rely on the creation of water bodies, which the Planning Inspectors’ conditions prohibit. 

In other words, Aggregate Industries’ plans cannot be implemented without the conditions being broken. 

One might ask why the Planning Inspectors granted permission for a scheme that was incompatible with their conditions. Whatever the reason, it would appear there was more concern with approving Aggregate Industries’ scheme than there was in seeing whether it could actually work.

Monday, 16 January 2023

Can anything be done now?

That was the very question Ottery Town Council asked Devon County Council last week:
Ottery St Mary Town Council held their January meeting on Monday and have requested that I write to you to voice their extreme disappointment at the judgement from the Planning Inspectorate in relation to the Straitgate Farm Planning Appeal Inquiry.  The Council has never supported the plans for the creation of a quarry and are very concerned about the extremely negative impact the development will have on our parish.  The Council would like to ask whether there is any further action that Devon County Council can take to prevent the quarry from being built?
Devon County Council responded: 
Like the Town Council, Devon County Council is disappointed that the robust defence of the reasons for refusal put forward by its expert witnesses (together with those acting on behalf of Straitgate Action Group) has not been reflected in a favourable appeal decision. The only means for the County Council or another aggrieved party with sufficient standing to challenge the Planning Inspectorate’s decision is through judicial review of the lawfulness of the decision – this would not involve any reconsideration of the merits or otherwise of the development proposals, but would be a challenge to the way in which that decision was made on grounds of illegality, irrationality or procedural impropriety.
So what can be done? 

Now that Aggregate Industries has been granted permission to quarry Straitgate Farm, attention turns to the planning conditions and legal obligations – shown below – that have been imposed by the Government Planning Inspectors. It is only by the imposition of these conditions and obligations that the Inspectors consider the company’s application to be acceptable. 

 

Links to the the planning conditions and S106 legal obligations have been put on the side of this blog for future reference, and the What to do page has been re-written accordingly. 

Devon County Council as the Minerals Planning Authority has the unenviable responsibility for enforcing the multitude of conditions and obligations. The Council encourages members of the public to report any suspected breaches. The Council’s Monitoring and Enforcement Plan says:  
3.2.1  Local planning authorities such as DCC have a duty to investigate alleged breaches of planning control, and anyone reporting an alleged breach to the Council is entitled to expect that the matter will be investigated in a timely and professional manner and the outcome communicated to them. 

4.1.1  DCC encourages the reporting of suspected breaches of planning control by members of the public or representative bodies such as town and parish councils and County Councillors. As development can gain immunity from enforcement action over time, it is important that any suspected breaches are reported as soon as possible in order that harmful development can be removed or minimised. 

4.3.10 A significant proportion of complaints received by DCC concern existing mineral or waste sites where it is alleged that the operator is failing to comply with the approved documents or with the conditions attached to the site’s planning permissions. Common examples include working outside approved hours, failure to control levels of noise or dust, and failure to carry out necessary habitat management or restoration work. While such breaches can become apparent through the Council’s site monitoring, reports are welcomed from local residents to ensure that adverse impacts can be investigated as early as possible. 

4.1.2  The most convenient means of reporting an unauthorised development or other potential breach is through the online reporting facility on DCC’s planning website at https://www.devon.gov.uk/planning/enforcement. 
Other methods of communication available are: Email: planning@devon.gov.uk 
Post:  Development Management Planning, Transportation & Environment Devon County Council Lucombe House County Hall Exeter EX2 4QD 
Phone: 01392 383000 (ask for Planning) 
Aggregate Industries must satisfy a number of pre-commencement conditions and obligations before any mineral extraction can start. Given, for example, the company’s astonishing failure to date to reliably measure something as fundamental as the site’s rate of infiltration, condition 13, this is no small task.

Cumbrian coal mine legal challenge alleges ‘apparent bias of Planning Inspector’

In December, Michael Gove, Secretary of State for Levelling Up, Housing and Communities, granted planning permission for a new coal mine in Cumbria following a Public Inquiry in September 2021. 

Last week, South Lakes Action on Climate Change [SLACC] launched a legal challenge against the government’s decision. The legal team acting for SLACC allege in their Pre-Action letter that: 
8. Unfortunately, the [Inspector’s Report], and thus the [Secretary of State’s decision letter], are shot through with errors and with examples of the Inspector (and hence the Secretary of State) either ignoring or cherry-picking evidence. 
Eight proposed grounds for challenge have been advanced, one of which is: 
Ground 7: Procedural impropriety - Apparent bias of the Inspector 
63. As was reported in local media in August 2022, by the BBC in August 2022 and in national news after the instant decision was announced, the Report published and the Secretary of State’s statement to Parliament, emphasising his reliance on the Report of the “independent planning Inspector”, immediately prior to closing the Inquiry in respect of the Hownsgill Appeal, the Inspector made the following remarks: 

“I’m from a mining background. I’m from a pit village. I still live in a pit village. I worked 10 years down the pit. I’m the only inspector ever to work down the pit” 

“The anguish you felt when the steel works closed, I’ve been part of it so I know what you went through because I went through it.” 

64. SLACC is concerned that the Inspector’s comments would cause a fair-minded and informed observer who has considered the facts to consider that there was a real possibility that he was biased in favour of the applicant’s case. His comments arguably go beyond demonstrating that he had appropriate mining experience relevant to the inquiry and raised questions whether and to what extent the Inspector’s experience and views were taken into account when he was appointed.   
 

Monday, 9 January 2023

‘The Kalashnikov that killed my son was bought with Lafarge's money’

Holcim – previously LafargeHolcim, the parent company of Aggregate Industries, which was formed after a "merger of equals" in 2015 between Swiss-based Holcim and French-based Lafarge – will be the ultimate beneficiary of the quarry at Straitgate Farm.
 
The company changed its name in 2021, no doubt because of a number of controversies. One controversy – Lafarge’s previous support for terrorists in Syria – refuses to go away.
 

So where did it all go wrong?

Were the seven reasons Devon County Council gave for refusing Aggregate Industries’ planning application to quarry Straitgate Farm, together with the multitude of arguments advanced by Straitgate Action Group, presented at the Public Inquiry in October by two leading barristers and numerous experts, all so very flimsy that they could be written off in a sentence or two?

Seemingly so. 

We have now read the report by the Planning Inspectors, who last week granted Aggregate Industries permission to quarry Straitgate Farm subject to conditions and legal obligations.  

Local people have commented that the report "reads like an AI press release", that "the report appears as if it was written by [AI’s] KC himself", that "In every matter, the Inspectors chose to accept AI’s dodgy evidence and arguments", etc. 

Isn’t that strange, given the Planning Inspectorate says it will "always operate in a fair, open and impartial way"? Did the Planning Inspectors – one with a background at British Coal – look charitably at Aggregate Industries’ appeal through mineral-tinted spectacles?  

Let’s look at one or two of their comments. 

In relation to one of the main areas of contention – groundwater, and the mechanism for water movement through the unsaturated zone put forward by Prof Rick Brassington, supported by the Council’s expert hydrogeologist, Paul Thomson, and much scientific literature – the Inspectors apparently knew best: 
23. ...we are not persuaded that piston flow is the dominant flow mechanism in the BSPB or at the site... 27. ...we prefer the appellant’s model of rapid infiltration... 
And with that, the potential harm to private water supplies to 120 people, farms and businesses, to Cadhay and its mediaeval fishponds, to wetland habitats in ancient woodlands, instantly fell away. The evidence from the only Professor of Hydrogeology in the room was dismissed by Inspectors, neither of whom are expert in the subject. 

The Inspectors chose to find comfort elsewhere, saying: 
46. Similar monitoring together with rainfall measurements has also been carried out by the EA. The available data is thus comprehensive. We note the MPA’s concern that a pumping test has not been carried out in order to assess hydraulic conductivity and specific yield, but we see no reason to doubt the robustness of the assessment work that has been undertaken by the appellant. 
But no "similar monitoring" has been performed by the Environment Agency at Straitgate Farm. And without a pumping test, the hydraulic conductivity – the ease with which water can move through the ground – is unknown. 

The Inspectors dismissed the distance the as-dug material would need to be hauled for processing: 
134. The distance between Straitgate Farm and Hillhead Quarry is about 23 miles... Because there is no closer processing facility, the requirement to minimise travel distance would be met.  
What clever logic. But, as one astute person pointed out, if the nearest processing plant were Glasgow – would the requirement to minimise travel distance still be met? 

The Inspectors – clearly untroubled by our climate emergency – dismissed the harm this haulage scheme would cause: 
136. There is no other substantive evidence before us of any harm resulting from transportation of the mineral.  
However, any reasonable person would be able to deduce that the resulting 2.5 million HGV miles would have a harmful environmental impact, not only from CO2, but also from brake and tyre particulates, road damage etc. 

On the issue of need, the Inspectors pointed to a shortage of sand and gravel in Devon, and argued there was no immediate prospect of Aggregate Industries’ Penslade – another Preferred Area in the Devon Minerals Plan, with 8 million tonnes of the same resource right next-door to the processing plant – coming forward: 
82. ...the MPA stated that the landbank at the end of 2021 was 6.4 years, less than the 7 years required by the Framework. There is thus a shortage of sand and gravel in Devon. Although development of the allocated site west of Penslade Cross would contribute significantly to supply, there is no immediate prospect of this coming forward, and our decision must be based on the current situation with respect to sand and gravel supply. 
The Inspectors chose to ignore the Council’s evidence and the closing statement from the Council’s barrister, who said: 
217. Moreover, it is not disputed by Mr Gould that the Appellant plans to seek pre-application advice regarding West of Penslade before the end of this year with a view to an application in 2023.
On the cattle crossing issue, the Inspectors remarkably found: 
105. ...no cogent evidence to confirm that there would be an increase in livestock movements. 
However, the Inquiry was provided with clear evidence of this from SAG’s agricultural expert – the only such expert at the Inquiry. Even without his evidence, it is obvious that, with more than 80% of the pasture removed for quarrying, there would be a requirement for additional livestock movements across the Exeter Road to access alternative pasture. The Inspectors instead clung to the notion – without any evidence – that the farmers will sign an agreement to scupper their own business. 
158. It was explained at the Inquiry that it has not been possible for the farm tenant to sign the section 106 agreement because of ongoing negotiations. 
And indeed Aggregate Industries’ KC did claim this, despite there being no ongoing negotiations.

So, well done to Aggregate Industries. Three cheers. After years of trying, the cement giant has finally done it, finally got the better of the local action group, finally won permission to quarry the living daylights out of Straitgate Farm, rip out the ancient hedgerows, fell the veteran trees, displace the protected species, disturb aquifers and water courses, remove the top of a hill for ever more. 

It goes without saying that the company’s presence in the area will not be welcome. The company has no social licence; County, District, Town and Parish councils were all against Aggregate Industries’ scheme. The company has done nothing to endear itself to the local community over the last 10 years. There has been too much falsity and fiction for that. 

Neither will Aggregate Industries find working the site easy. The permission comes with a multitude of onerous conditions and legal obligations – many that need to be satisfied before any excavator shovel hits the ground. 

For example, compliance with the Airport Safeguarding condition: 
25. No water body shall be created within the site other than the approved weigh bridge lagoon. 
will be a challenge, given our variable climate and the high groundwater levels, since no water body shall be created – temporary or permanent, large or otherwise. 

Likewise, the restriction: 
17. There shall be no HGV movements... during the periods 07:45 hours to 08:45 hours and 15:15 hours to 16:45 hours during school terms.  
will also be a constraint. 

Local people – particularly those concerned with preserving their drinking water supplies – will make sure that the company strictly adheres to all these conditions and obligations, knowing how the company has sometimes struggled – here, here, here, here, here, here, here, here, here – to stick to conditions at its other sites.  

The quarry at Straitgate Farm will surely come under more public scrutiny than any other Aggregate Industries’ operation.

Thursday, 5 January 2023

Despite everything – Aggregate Industries wins Straitgate Farm appeal

We are disappointed to report that, despite all the compelling arguments, all the issues, all the risks, all the harms, Aggregate Industries’ appeal against Devon County Council’s decision last year to refuse planning permission for a sand and gravel quarry at Straitgate Farm with haulage of the as-dug material to Hillhead Quarry has been allowed, and planning permission granted.

The Planning Inspectors’ report can be found below. 

We have tried our hardest over the last 20 years to stop this harmful development on the doorstep of Ottery St Mary. Let’s now hope that Aggregate Industries can make a better job of the development than it has of its various planning applications. 

We would like to thank all those who have campaigned with us, and all those who have so generously supported us over the years – we are so sorry that the end result was not the one we had all hoped for.
 

Wednesday, 4 January 2023

Uffculme housing scheme refused, in part due to mineral safeguarding concerns

A planning application 22/01893/MFUL for 40 dwellings at Chapel Hill, on the northern edge of Uffculme, has been refused by Mid Devon District Council, in part because the development was "contrary to Policy M2 of the Devon Minerals Plan Safeguarding". 


Devon County Council introduced Mineral Safeguarding Areas in 2017 in its adopted Minerals Plan, with the "aim to secure valuable mineral resources from sterilisation by new development, to ensure that they remain available for use by future generations". Policy M2 of that plan says: 
Mineral resources and infrastructure within the Mineral Safeguarding Areas defined on the Policies Map will be protected from sterilisation or constraint by non-mineral development within or close to those Areas by permitting such development if: 
(a) it can be demonstrated through a Mineral Resource Assessment and in consultation with the relevant mineral operators that the mineral resource or infrastructure concerned is not of current or potential economic or heritage value; or 
(b) the mineral resource can be extracted satisfactorily prior to the non-mineral development taking place under the provisions of Policy M3; or 
(c) the non-mineral development is of a temporary nature and can be completed and the site restored to a condition that does not inhibit extraction or operation within the timescale that the mineral resource or infrastructure is likely to be needed; or 
(d) there is an overriding strategic need for the non-mineral development; or 
(e) it constitutes exempt development, as set out in the exemption criteria. 
Having 40 new homes no closer than 200m away from the entrance of Hillhead Quarry – the location proposed to process material from Straitgate Farm, where quarry workings would be less than 100m from local residents – clearly presented too much risk to the peaceful activities of Aggregate Industries, who objected by saying: 
Hillhead is an important sand and gravel quarry, which produces a significant proportion of the County’s sand and gravel aggregate and if the proposed development were to proceed it would present a constraint not just to the future potential extraction of the mineral resource identified in the Devon Minerals Plan, but also to the current extraction at Hillhead Quarry. 
Objections were also raised by Devon County Council and the Devon Stone Federation.

The roots of an oak tree...

Aggregate Industries’ proposed scheme to quarry Straitgate Farm would result in the loss of a large number of mature trees, according to the company’s own consultants, including two 200-year old oaks, Trees F and G: 
Devon County Council Highways have confirmed that they would not accept a “no dig” construction, due to HGV vehicles that will be using the road to access the proposed development... [which] means that the works will potentially interfere with the root protection areas of Trees F, G and H and some of G15A as illustrated by Drawing R22/L/3-3-005 and it is likely they will be damaged by the development and need to be felled. 4.1
   

Indeed, "an unacceptable loss of mature trees" was one of the Reasons for Refusal advanced by Devon County Council when the application was rejected in December 2021. The arboricultural evidence advanced by the Council at the subsequent Public Inquiry concluded: 
6.2 The Appellant’s proposal does not adequately consider the significant impact upon the Notable trees F and G impacted as a result of works to the access. These trees are mature and of potential veteran status and should be re-categorised as A (high value) with the sub- category 3 (wildlife and/or cultural attributes). The buffers proposed by the Appellant through the RPAs are inadequate, particularly in the light of amendment of means of construction of the access road from ‘no dig’ to metalled, while the Appellant’s proposed mitigation of a ‘watching brief’ is insufficient to secure their protection and would not contribute or link to the wider ecological network or green infrastructure requirements. 
And no wonder – when you consider how far the roots of an oak tree extend:

UK’s old trees critical to climate change fight

The value you have in large mature trees is almost incalculable, and so you should avoid losing that at any cost - regardless of how many trees you think about planting

Consumers committed to playing their part – but what about Aggregate Industries?

Aggregate Industries tries hard to give the impression it cares about sustainability and our climate emergency. The reality – as we all know from the company’s CO2-intensive plans for Straitgate Farm, hauling as-dug aggregate 23 miles between quarry face and processing plant, more than any other UK quarry operation and some 2.5 million HGV miles in all – is somewhat different.

Last year, the company's research discovered that "consumers are committed to playing their part in reducing their carbon footprint". But what about Aggregate Industries' carbon footprint? Or didn't the company's research stretch to include itself?
 

Cement industry among those given almost €100bn in free carbon permits by EU

Big polluting industries have been given almost €100bn (£86bn) in free carbon permits by the EU in the last nine years, according to an analysis by the WWF. The free allowances are “in direct contradiction with the polluter pays principle”, the group said. Free pollution permits worth €98.5bn were given to energy-intensive sectors including steel, cement, chemicals and aviation from 2013-21. This is more than the €88.5bn that the EU’s emissions trading scheme (ETS) charged polluters, mostly coal and gas power stations, for their CO2 emissions. 

Furthermore, the WWF said, the free permits did not come with climate conditions attached, such as increasing energy efficiency and some polluters were also able to make billions in windfall profits by selling the permits they did not use. 

 

Bill seeks to restrict quarry developments close to residential areas

Backbench MP Matt Western introduced a private member’s bill a year ago to tighten planning rules on new quarry developments, which proposed a "presumption in planning decision-making against approving quarry development in close proximity to settlements". 

We have previously posted about his campaign here.

We meant to post about this at the time, but were distracted with our own battle on the very same day at Devon County Council’s Development Management Committee against Aggregate Industries’ proposal for a sand and gravel quarry at Straitgate Farm. We post the details now for completeness. 


Private member’s bills rarely become law but they do raise the profile of the issues involved and hopefully indicate the direction of travel. Matt Western argued that the current legal framework fails to acknowledge the latest science on air quality and the threat to human health, particularly in relation to the air quality standards for silica, which he deemed inadequate. 
In summary, the Bill has three objectives: to create a presumption against granting permission for quarry developments in close proximity to settlements; to impose a requirement to assess the risks of proposed quarrying sites to health and the environment, as part of the planning process; and to make provisions related to the use of waste disposal of quarries. The first objective would, in essence, act as a safety valve for an over-liberal estimation of population sizes and settlement planning. At the same time, it would protect the current residents of neighbouring towns and villages. The provision is inspired by the actions of other countries: in Canada, there is a requirement that quarries have to be 600 metres from settlements, and other countries have introduced minimum distances. We now need to act. Given the science, I believe that the minimum distance should be set at 1,000 metres at least for silicates and noxious gases, as recommended by the research. 

Western told the house: “Across the land, a great many communities face the prospect of permission being granted for quarries that will not just blight their areas but bring significant risks to human health, while at the same time being, in certain cases, surplus to requirement.” The MP cited the recent death of nine-year-old Ella Adoo-Kissi-Debrah in London, triggered by poor air quality due to vehicle emissions. “Following the case, the coroner wrote a prevention of future deaths report that urged the government to introduce legally binding limits as regards air quality based on World Health Organisation guidelines,” he said. “That case alarmed the public and should certainly have caused alarm among the government. While PM10 and PM2.5 are now part of our lexicon in addressing air-quality issues, there are wider issues that urgently need legislation; hence this bill, which is, in essence, about minimising the impact of emissions on residents’ health, and particularly children’s health.” Turning to research into airborne silica dust from quarries, Western highlighted findings by the Environmental Working Group, a US-based body specialising in research and advocacy. “It has stated that none of the air quality standards for silica are adequate to protect people living or working near sand mining sites,” he said. “The group has concerns for any resident living within 1,500 metres of any excavation site, because of the dissipation of dust particles.” Evidence gathered by the Environmental Working Group on the impact of open sand mines in Wisconsin and Minnesota found silica levels at least ten times higher than the recommended limit of 3 micrograms per cubic metre, said Western. “I can see no reason why that would be much different from levels found in areas that border sand and gravel quarries in the UK.” 

Mr Western’s bill raises a number of pertinent issues and seeks to address the deficiencies in the current planning legislation. However, the question is whether the bill will actually become law. The bill was introduced by Mr Western under the 10 minute rule, a process described by Hansard as ‘an opportunity to voice an opinion on a subject or aspect of existing legislation, rather than a serious attempt to get a bill passed.’ Relatively few private member’s bills raised in this way go on to become law. Nevertheless, they are a useful way of raising the profile of an issue and generating debate.

Wednesday, 21 December 2022

Merry Christmas


It's nearly Christmas – and, despite everything, the Straitgate saga has continued for yet another year. 

The first half of the year was spent enjoying the freedoms delivered last December by Councillors on Devon County Council’s Development Management Committee, who had refused Aggregate Industries’ planning application to quarry Straitgate Farm. 

Unfortunately, it was not to last. The company appealed the decision, and the second half of the year was spent preparing for the two-week public inquiry in October, participating in it, and waiting for its outcome. 

Let’s hope 2023 will be a positive one. 

We wish all readers a Merry Christmas and a Happy New Year.
 

Why is quarrying a problem? AI provides the answers... and a few jokes too

AI says quarrying can cause problems:
Quarrying can have a number of environmental and social impacts. Here are ten of the most significant problems associated with quarrying: 
1. Habitat destruction: Quarrying can involve the removal of large areas of vegetation, which can destroy habitats and disrupt ecosystems.
 
2. Air pollution: Quarrying can generate dust and other air pollutants, which can have negative impacts on human health and the environment.
 
3. Water pollution: Quarrying can also result in the contamination of surface and groundwater, which can have serious impacts on aquatic ecosystems and human health.
 
4. Noise pollution: Quarrying can generate noise that can be a nuisance to people living and working near the quarry.
 
5. Traffic: Quarries can generate significant amounts of traffic, which can cause congestion and air pollution in nearby communities.
 
6. Landscape degradation: Quarries can have a negative impact on the appearance of the local landscape, which can reduce property values and negatively affect tourism.
 
7. Biodiversity loss: Quarrying can result in the loss of biodiversity, as animals and plants are displaced or destroyed.
 
8. Soil erosion: Quarrying can lead to soil erosion, which can reduce soil fertility and productivity.
 
9. Social disruption: Quarries can cause social disruption in nearby communities, as they can generate noise, dust, and traffic.
 
10. Health risks: Quarrying can pose risks to the health of workers and those living and working near the quarry, due to the potential for exposure to dust, noise, and other pollutants.

Apologies to anyone thinking we were referring to another AI, but Aggregate Industries is unlikely to produce a list like that. 

This list was produced by artificial intelligence, specifically the new chatbot ChatGPT that can write text on almost any subject with only the most basic of instructions and is forecast to produce $1 billion in revenue by 2024 for its Microsoft-backed owner OpenAI.
 

We’ve touched on artificial intelligence before, for example AI pins hopes on AI and AI has been all over the news recently. 

We asked ChatGPT to explain artificial intelligence in simple terms: 
Artificial intelligence (AI) refers to the ability of a computer or machine to mimic or replicate human cognition, including the ability to learn, reason, and solve problems. In simple terms, AI is the intelligence exhibited by machines or software. This can include a wide range of technologies, from simple algorithms that can recognize patterns in data, to more advanced systems that can simulate human-like decision-making and problem-solving abilities. AI has the potential to revolutionize many fields, from healthcare and transportation to finance and education. 
The chatbot had answers for other subjects too, like why is groundwater important?
Groundwater is important for a number of reasons. First and foremost, it is a critical source of drinking water for many people around the world. In many places, groundwater is the only source of fresh, clean water available, and it is essential for maintaining the health and wellbeing of both communities and individuals. Groundwater is also important for irrigation, which is crucial for growing crops and supporting agriculture. Many farmers and agricultural operations rely on groundwater to water their crops, and in some parts of the world, groundwater is the only source of water available for irrigation. In addition to its practical uses, groundwater also plays an important role in the natural environment. It helps to maintain the health of wetlands and other aquatic ecosystems, and it can help to regulate the flow of rivers and streams. Groundwater can also help to prevent soil erosion and protect against the effects of drought. Overall, groundwater is a vital resource that is essential for supporting life on Earth. It is important to conserve and protect this resource, so that it can continue to provide the many benefits it offers to people and the environment. 
And why is it important to protect heritage assets? 
There are many reasons why it is important to protect heritage assets. Heritage assets are a valuable part of our shared history and cultural identity, and they help to tell the story of who we are as a society. They also provide us with a sense of place and connection to the past, and they can help to foster a sense of community and belonging. Heritage assets are also important from an economic perspective. They can attract tourists and generate revenue for local communities, and they can also provide opportunities for job creation and economic development. In addition, heritage assets can increase the value of nearby properties, and they can contribute to the overall vitality and livability of a community. Furthermore, heritage assets are an important source of information and knowledge about the past. They can provide insight into the history and culture of a particular place, and they can help us to learn about the people and events that have shaped our world. They can also help us to understand the natural environment and the ways in which people have interacted with it over time. Overall, protecting heritage assets is important because they are a valuable part of our shared history and cultural identity, and they offer many benefits to both individuals and society as a whole.
Why should we protect trees? 
There are many reasons why we should protect trees. Here are just a few: 1. Trees provide essential habitat for many species of plants and animals, and are an important part of the Earth's ecosystem. 2. Trees help to regulate the climate and reduce air pollution by absorbing carbon dioxide and other greenhouse gases. 3. Trees provide many other environmental benefits, such as reducing soil erosion and flooding, and providing shade and shelter from the sun and wind. 4. Trees are also important for human health and well-being. For example, spending time in natural settings such as forests has been shown to improve mental health and reduce stress. 5. Finally, trees are a valuable natural resource that provide many practical benefits, such as timber for building and fuel, and fruits and nuts for food. Protecting trees is essential for maintaining these important resources for future generations. 
Why are hedgerows important? 
Hedgerows are important for a variety of reasons. For one, they provide habitat and shelter for a wide range of plants and animals, including birds, insects, and small mammals. This can help support biodiversity in an area and provide important ecosystem services, such as pollination and pest control. In addition, hedgerows can help prevent soil erosion and can provide a physical barrier to help contain livestock. They can also serve as a visual boundary between properties, helping to define the landscape and providing a sense of place. 
Why should we protect farmland? 
There are many reasons why we should protect farmland. Here are just a few: 1. Farmland is essential for the production of food, which is necessary for human survival. 2. Protecting farmland helps to preserve the natural environment, including the habitats of many species of plants and animals. 3. Farming practices that are sustainable and conservation-oriented can help to reduce soil erosion, water pollution, and other environmental problems. 4. Preserving farmland also helps to support rural communities and the agricultural industry, which are important parts of the economy. 5. Finally, protecting farmland helps to ensure that we have a reliable and secure food supply in the future, as the world's population continues to grow. 
The chatbot even had an answer to the question of whether there are more sustainable ways of producing sand and gravel? 
Yes, there are more sustainable ways of producing sand and gravel. Some of these methods include: 1. Using crushed rock as a substitute for sand and gravel. This can reduce the need to extract natural sand and gravel from rivers and other sources, which can have a negative impact on the environment. 2. Recycling construction waste and using it as a source of sand and gravel. This can help to reduce the amount of waste that ends up in landfills, and can provide a sustainable source of building materials. 3. Using alternative materials such as recycled glass or plastic in place of sand and gravel. This can reduce the demand for natural resources and help to reduce pollution. 4. Implementing responsible mining and quarrying practices, such as restoring mined areas to their original state and using advanced technologies to minimize the environmental impact of sand and gravel production. Overall, there are many ways to produce sand and gravel in a more sustainable manner, and it is important to explore and promote these options to help protect the environment. 
We also asked the chatbot how quarry companies could make their planning applications more appealing for local communities. Judging by the hash Aggregate Industries made of its application to quarry Straitgate Farm, the company could benefit from following the chatbot's advice:
There are several ways that quarry companies can make their planning applications more appealing to local communities: 1. Engage with the community early on in the process: Quarry companies should engage with the local community at an early stage in the planning process to understand their concerns and address them in the application. 2. Consider the impact on the environment: Quarry companies should take steps to minimize the environmental impact of their operations, such as by using environmentally-friendly practices or implementing measures to reduce noise and dust pollution. 3. Offer benefits to the community: Quarry companies can offer benefits to the local community, such as funding for community projects or employment opportunities, to help build support for their planning application. 4. Be transparent and open to feedback: Quarry companies should be transparent about their operations and be open to feedback and suggestions from the local community. 5. Communicate effectively: Quarry companies should communicate clearly and effectively with the local community to ensure that they understand the proposed project and its potential benefits and impacts. By following these steps, quarry companies can make their planning applications more appealing to local communities and increase the chances of their application being approved.
And its advice on greenwashing might be worth following too: 
Greenwashing is the practice of making false or misleading claims about the environmental benefits of a product or service in order to promote it as being more environmentally friendly than it actually is. While greenwashing can be an effective marketing strategy in the short term, it can ultimately backfire on companies that are found to be engaging in it. In the long term, greenwashing can erode trust and credibility with consumers, as well as lead to legal and reputational risks for the company. In addition, the increasing awareness and concern about environmental issues among consumers means that they are more likely to be skeptical of greenwashing claims and to do their own research before making purchasing decisions. Therefore, while greenwashing may be effective in the short term as a marketing tactic, it is not a sustainable or ethical approach to business, and can ultimately do more harm than good for a company's reputation and bottom line.
And what about one of the big questions that occupied the planning inquiry? Will the pH of spring water sources from the Budleigh Salterton Pebble Beds be reduced if the travel time of groundwater in the unsaturated zone is reduced? 
It is possible that the pH of spring water sources from the Budleigh Salterton Pebble Beds could be reduced if the travel time of groundwater in the unsaturated zone is reduced. The pH of water is influenced by a variety of factors, including the geochemistry of the rocks and minerals through which the water flows and the presence of dissolved gases and ions. If the travel time of groundwater in the unsaturated zone is reduced, it is likely that the water will have less time to interact with the rocks and minerals through which it flows. This could result in a reduction in the concentration of certain ions, such as bicarbonate and carbonate, which can buffer the water and help to maintain a neutral or alkaline pH. If the concentration of these ions is reduced, the water may become more acidic. It is worth noting that the pH of spring water can also be affected by other factors, such as the presence of pollutants or the acidity of the air. Therefore, it is important to consider all of these factors when evaluating the potential impact of reduced travel time on the pH of spring water sources.
You have to pinch yourself that a human isn't somewhere behind the scenes typing out the responses.

The chatbot even tells jokes. We asked it to tell one involving Devon, some cows and a quarry: 
Why did the cows in Devon refuse to go near the quarry? Because they heard it was a rocky relationship!
And then another: 
Why did the cows in Devon go on strike? They were fed up with the quarry constantly moooving their grass! 
And then another:
A farmer in Devon had a problem with his cows constantly wandering into the local quarry. He tried everything to keep them out, but nothing seemed to work. Finally, in desperation, he went to the quarry owner and asked for help. 
The quarry owner thought for a moment and then had an idea. He went to the local theater and hired a group of actors to dress up in cow costumes and stand at the entrance to the quarry. 
The next day, when the farmer's cows approached the quarry, they saw the "cows" standing there and turned around and went back to the farm. 
The farmer was amazed and asked the quarry owner how he managed to solve the problem. The quarry owner replied, "Oh, it was easy. I just gave them a preview of the moo-vies!"
OK, not great. But – given the impact that bovine movements have had on Aggregate Industries' plans for Straitgate Farm – slightly uncanny.
   

‘The inequality that is wrecking our atmosphere’

Our Changing Climate is a YouTube channel with a bi-weekly video essay series that investigates humanity's relationship to the natural world. 

In one of its videos, the narrator says: 
... eleven people dressed in suits walk into a conference room in Switzerland. They sit down and begin to decide the fate of the world... 
He is referring to the parent of Aggregate Industries, polluting cement giant Holcim, which has a starring role in the video. We have set it to start at the relevant location. Feel free to watch the whole thing.

Thursday, 15 December 2022

Climate activists target Lafarge Holcim cement plant

Aggregate Industries’ parent company – a company responsible for more than 7bn tonnes of CO2 emissions between 1950 and 2021 – has been targeted by climate activists in France. Cement is responsible for around 8 percent of all greenhouse gases.

Monday, 5 December 2022

River Yealm polluted again

In November 2020, we posted Devon quarry operator pollutes River Yealm. The pollution incident was investigated by an environment officer, who "traced it back to a quarry operation further up the catchment." The Environment Agency said "rainfall had caused contaminated run-off to escape the containment area of a quarry-related operation and enter the river." 


Today, just two years later, it was reported that the River Yealm has been polluted again:
 

EDIT 6.12.22 

The source of pollution has now been identified. More than 12 miles of waterways are affected:
The Environment Agency (EA) said it was trying to stop the contaminant being discharged in the River Piall, which flows into the River Yealm, in the South Hams. 

The EA declined to reveal the source of the pollution due to possible enforcement action.

Imagine the headlines if AI wrecked the drinking water supplies around Straitgate

Aggregate Industries is prepared to risk the natural spring water supplies around Straitgate Farm – relied upon by many, including Grade I Cadhay – without ANY idea what alternatives could feasibly be supplied, as its proposed unilateral undertaking confirms.

In its quest for an immaterial amount of sand and gravel – immaterial as far as any shortfall in Devon’s landbank is concerned – the company is prepared to risk permanently destroying a natural source of drinking water that has supplied local people for in some cases hundreds and in other cases thousands of years. 

You can imagine the headlines if the worst were to happen. Aggregate Industries destroys centuries-old water supply to grade I listed tudor manor house, might be one. Aggregate Industries leaves more than 120 people not knowing how drinking water supplies will be replaced, might be another. Experts warned this would happen, another. 

In fact, you don’t have to imagine. Water supplies were lost elsewhere in Devon last week – receiving the sort of media coverage you might expect. 

The difference? In South Devon the loss is temporary. At Straitgate it could be permanent.

Wednesday, 30 November 2022

‘Half of councils lack the capacity to monitor compliance with planning enforcement’

The finding comes from a Royal Town Planning Institute (RTPI) survey into the scale and nature of resourcing challenges faced by council enforcement teams. 
The RTPI collected responses from 133 enforcement officers representing approximately one third of local authorities in England.  
It reported that, “while 50 per cent of survey respondents answered their local authority did monitor compliance of conditions, almost all of the interviewees reported difficulties in doing this”.   
It concluded: ”[Authorities] are now largely reactive, relying on members of the public to alert them to non-compliance”.  
“Many councils experience people repeatedly carrying out serious unauthorised development, but these cases are dissimilar and warrant different responses. Lack of resourcing inhibits local authorities from taking direct action, unless there is a political will, and a central government pot of money is widely supported as a means to resolve this”. 
The RTPI survey found that funding and staffing were two of the biggest issues facing councils. The RTPI found 80 per cent of respondents reported not having enough enforcement officers to carry out their workload, 89 per cent said their councils currently experienced a backlog of enforcement cases, and 70 per cent that their authority struggled to recruit enforcement officers in the past five years. 
The results chime with data Planning collected as part of our research into the 50 biggest planning authorities, when we found a 12.2 per cent median drop in the number of enforcement notices issued in the two years to March 2022 compared to the two previous years. 
This problem came to a head in Gloucester this week with reports that the city council has 38 ongoing cases and no dedicated enforcement officers. 
The report’s author, Madeleine Bauer, said: “Long term under-resourcing combined with the accumulation of cases during the pandemic has resulted in backlogs and low staff morale.  “Moreover, the lack of resources both within enforcement teams as well as in the appeals system and the courts systems is responsible for large delays within the system. 
“The service provided to the public has significantly deteriorated”. 
Bauer added: “This undermines the planning system as a whole and negatively affects members of the public who rely on its integrity.”

Thursday, 24 November 2022

‘As a pedestrian against a 44-tonne truck, it really is nerve-wracking’

One reason for Devon County Council's refusal last year of Aggregate Industries' planning application to quarry Straitgate Farm was summarised in the Council's Statement of Case issued for the recent Public Inquiry: 
6.43 The Straitgate Proposals will, at peaks, send some 200 articulated tipper trucks out of the Site onto the highway network at Birdcage Lane, in close proximity to a bus stop used by schoolchildren. The Appellant proposes to gravel a verge to prevent passengers walking along the carriageway in times of wet weather, and to impose “embargoes” on truck movements during school pick up and drop off times. However, AIUK does not and would not own the relevant vehicle fleet, and it has provided the MPA with no certainty that the embargoes would be effective, in circumstances where there is considerable uncertainty regarding the impact of cattle crossings on the Appellant’s intended operations. 
It goes without saying that the interaction between 44-tonne HGVs and pedestrians, especially children, is a crucial matter to resolve, as this Somerset tale shows:
 
"The 2.8m [wide] road is our footway and we share it with these HGVs every day - and they're not giving way." 

"The HGV didn't stop for me, he kept edging towards me, so I just thought: 'I'm not moving, I've got right of way.' 

"So I stood still, he stood still. I sat in the road in the end. I thought: 'I'm not moving'. 

"He chose to bully me by edging forwards so that I would have to retrace my steps back to where I could go to a passing place. As a pedestrian against a 44-tonne truck, it really is nerve-wracking." 

Hanson Aggregates said it had since received a letter of apology from the "experienced" driver who works for one of its customers.

Monday, 21 November 2022

HVO – AI’s answer to the Straitgate sustainability issue – gets bad press

Aggregate Industries’ answer to the 2.5 million mile haulage scheme for its Straitgate Farm planning application is to claim that the HGVs hauling as-dug sand and gravel to Uffculme for processing would run on chip fat biofuel, or HVO as it's commonly known – hydrotreated vegetable oil. 

How this would be done is anybody’s guess, since the company does not own its own fleet of trucks and HVO is not available on garage forecourts – as Devon County Council pointed out. How this would be monitored and policed is another issue – as the Council also acknowledged. HVO was part of the S106 heads of terms when the application was originally determined, part of the legally enforceable planning obligations; now the HVO proposal finds itself as another planning condition – and we know the problems with enforcing those. 

Devon County Council’s barrister said in his closing submission: 
206. The Appellant’s proffered obligation/suggested condition (it is difficult to keep track – it was in the draft s.106 but seemingly no longer) that the vehicles use HVO goes nowhere. Mr Gould gave up that he can point to no example of the use of HVO in the aggregates setting. This is, as was put to him, innovative technology (he denied that, before being taken to his Proof as “innovative” is his own word). There can be no reliance placed upon it. Nor has there been any evidence from the Appellant as to how the MPA might hope to monitor so as to ensure HVO is being used. The Appellant’s suggested condition does not begin to answer matters: it simply seeks to kick the can down the road and require the question of whether monitoring is possible to be addressed later. Not good enough. To be addressed now. 
Mr Gould, who represented Aggregate Industries, preposterously claimed "the proposal minimises transport of minerals with innovative solutions to help achieve this". 

Apart from all that, uptake of HVO is being rejected by a number of organisations, including the Environment Agency and others: 


Even before determination last year, we pointed to the fact that rising imports of used cooking oil into the UK for biodiesel is indirectly "encouraging more deforestation in Southeast Asia" with some research claiming it’s "three times worse for the climate than regular diesel when indirect emissions from changes in the use of land are accounted for". 

Others have problems with it too. HVO is primarily made from used cooking oils or UCO:
According to Jo Gilroy, Balfour Beatty’s group sustainability director, it is simply a matter of due diligence. “We’re very good at jumping on solutions and thinking they’re the answer to our problems, aren’t we?” she says. “We look for easy wins, and HVO looked like that. 
“But any one-hit wonder solution needs to be examined carefully; you always have to do your due diligence.” 
As momentum built in favour of HVO, Balfour Beatty decided it had to delve deeper into the sustainability claims being made for the fuel before approving its use. And what it has found so far has only raised doubts. 
The chemistry of HVO is well understood but less clear is the sustainability of its supply chain. “What does the supply chain look like?” demands Gilroy, “Nobody knows - it’s very complex and there’s very little transparency.” 
One of the big attractions of HVO is that it purports to transform a troublesome waste material into a valuable commodity. But Gilroy says this is misleading: “UCO has always been used in the production of animal feed – it’s not a waste product,” she says. 
This might appear to be a mere technicality, but if one industry’s feedstock is diverted to supply another industry’s needs, alternative sources must be found. If producers of animal feed cannot obtain enough raw material in the form of UCO, they will turn to primary sources, namely commercially-grown vegetable oils such as palm oil. 
Mention palm oil and you open a whole new environmental can of worms...
Balfour Beatty’s Position paper on HVO can be found here: 
There is a high risk that the resulting increase in demand for used cooking oil is causing deforestation and the draining of peatland and marshland in countries such as Malaysia and Indonesia where farmers are having to grow palm oil to produce animal feedstock. Such displacement activity has an extremely damaging impact on the environment: these areas store large amounts of carbon, so clearing them would lead to a significant increase in carbon emissions in those countries. EU research indicates that once the effects of land use change and draining of peatland are accounted for, the GHG impact of palm-oil derived HVO could be up to 3 times greater than standard fossil fuel diesel.

Tungsten West’s secondary aggregates plan for Hemerdon Mine on hold

Tungsten West has withdrawn its planning application DCC/4314/2022 to increase HGV movements from Plymouth's tungsten and tin mine at Hemerdon from 50 to 200 per day. The application to facilitate the sale of secondary aggregates had attracted hundreds of objections. The company says it has listened: 
As a new company, we’ve learned a lot from this experience – the strength of feeling from local people about the volume of traffic and times of movements was severely underestimated, but we’ve heard you, we’ve listened and we’re taking action. We still believe that selling our secondary aggregates is the right thing to do, not only because it makes good business sense to minimise waste and maximise income streams, it will also benefit the environment, as secondary aggregates produce approximately 25% of the carbon footprint of primary aggregates. However, we are not prepared to develop a secondary aggregates business in a way that costs us the relationships we are trying to build with the local and wider community... In the short-term, we will halt the sale of secondary aggregates. Once we are in production, we will look to work within the HGV movement limits of 50 per day specified in our existing planning permission as our starting position. 
Previous posts on the Hemerdon Mine can be found here.


EDIT 12.12.22

Sales of aggregates continued throughout the reporting period, with £117,000 revenue being recognised. The Group ceased its production of aggregates from waste material left by the previous operator after selling 102,000 tonnes of material and demonstrating the ability to establish a market for the product. Aggregates production will recommence as the mineral processing ramp up completes. Product mix and volumes will be in line with mine waste facility strategy and valid permits.

Holcim cement plant to pay $100K in settlement over air pollution violations