Local Issues & Casework Update for October/November 2024

Since my most recent monthly local issues and casework update report I’ve raised queries with the authorities on behalf of 58 residents and businesses across the Blackhall ward. I've also made direct contact with more than 65 individual residents. These queries are largely personal and/or confidential so for obvious reasons details will not be disclosed to the public.

In addition, I’ve dealt with a number of general queries raised by members of the public. These include issues raised at ward surgeries, during street walkabouts, at the monthly Blackhall PACT meeting and through other methods, including direct contact with me via telephone, email and my social media platforms (Facebook, Instagram and Bluesky).

These issues range from highways and footpath queries, housing matters and general environmental issues. I’ve selected a few for re-posting, just in case you missed them first time around.

Please follow the links below for full details - and please don't hesitate to get in touch with me direct if you have any queries or comments that require a response: rob.crute@durham.gov.uk

Crimdon Parking Charges: Crimdon Parking Charges - Minutes of the Highways Committee meeting published

Legal Notices served at Hesleden Pit Heap: Council serves Breach of Condition Notice at Hesleden Pit Heap

Local concerns about Bonfire Night: Vehicle set on fire at East Street as part of Bonfire Night event

Remembrance Sunday in Blackhall Colliery: Remembrance Sunday in Blackhall Colliery

Council must listen to residents' concerns about HMOs: Tackling the impact of Houses in Multiple Occupation (HMOs)

Multi-Agency Street Walkabout in Blackhall Colliery: Multi-Agency Street Walkabout in Blackhall Colliery

Tackling obstructive parking: Authorities respond to residents' concerns about obstructive parking 

Enforcement Notice issued to operators at Hesleden Pit Heap

Stacey and I were notified earlier this month that an enforcement notice has now been issued to the operators of the site of the former pit heap in Hesleden. This follows a Breach of Condition notice issued in October (full details can be found in an article posted on these pages on Wednesday 23 October 2024): Council serves Breach of Condition Notice at Hesleden Pit Heap

I have reproduced below the redacted text of the Enforcement Notice issued on 8 November 2024. As ever, we'll continue to monitor progress and update on any significant issues arising from this latest development:

To whom it may concern. 8th November 2024: 

IMPORTANT THIS COMMUNICATION AFFECTS YOUR PROPERTY. 

Town and Country Planning Act 1990 (as amended) ENFORCEMENT NOTICE RELATING TO UNATHORISED Alleged breach of Conditions 3 (submission of details) and 4 (time limit) of Planning Permission DM/19/02315/VOCMW at Former Colliery Spoil Heap Hesleden TS27 4PN. 

Durham County Council has issued an enforcement notice relating to the above land and I now serve on you a copy of that notice as you have an interest in the land.

There is a right of appeal to the Secretary of State (at The Planning Inspectorate) against the notice.

Unless an appeal is made, as described below, the notice will take effect on 12 December 2024 and you must then ensure that the required steps, for which you may be held responsible, are taken within the period(s) specified in the notice.

Please note that the right of appeal may not apply to everyone who has been served with the enforcement notice; clarification of who can appeal is provided in the Planning Inspectorate’s Guidance literature (see below for details). If you are entitled to appeal, due to the limited time in which is available to appeal you are strongly advised to use the online Appeal Casework Portal of the Planning Portal where you can submit your appeal online or download a form rather than waiting for the forms to be sent out to you in the post. If you encounter difficulties, please do not hesitate to contact this office. 

You can also read/download guidance on the Enforcement Appeals Procedures and the use of The Appeal Casework Portal from the website www.gov.uk/appeal-enforcementnotice ‘Enforcement Appeals: procedural guide and ‘Enforcement Notice Appeals: how to complete your enforcement appeal form’. 

If you decide that you want to appeal against the enforcement notice, and you are entitled to do so, you must ensure that you send your appeal soon enough so that normally it will be delivered by post/electronic transmission to the Secretary of State (at The Planning Inspectorate) before 12 December 2024. 

Under section 174 of the Town and Country Planning Act 1990 (as amended) you may appeal on one or more of the following grounds:- 

(a) that, in respect of any breach of planning control which may be constituted by the matters stated in the notice, planning permission ought to be granted or, as the case may be, the condition or limitation concerned ought to be discharged; (b) that those matters have not occurred; (c) that those matters (if they occurred) do not constitute a breach of planning control; (d) that, at the date when the notice was issued, no enforcement action could be taken in respect of any breach of planning control which may be constituted by those matters; (e) that copies of the enforcement notice were not served as required by section 172; (f) that the steps required by the notice to be taken, or the activities required by the notice to cease, exceed what is necessary to remedy any breach of planning control which may be constituted by those matters or, as the case may be, to remedy any injury to amenity which has been caused by any such breach; (g) that any period specified in the notice in accordance with section 173(9) falls short of what should reasonably be allowed. Not all of these grounds may be relevant to you. You do not have to pay a fee to appeal; unless you appeal under Ground (a). 

If you appeal under Ground (a) of Section 174(2) of the Town and Country Planning Act 1990 this is the equivalent of applying for planning permission for the development alleged in the notice and you will have to pay a fee to the Council – this is referred to as the deemed application. The amount of the fee is dependent on the type of development undertaken and is double that payable for a normal planning application. In this case the Council has calculated the fee to be £24,648 which must be paid to the Council at the outset when you provide the Council with a copy of your appeal documentation (cheques made payable to Durham County Council). Joint appellants need only pay one set of fees. If you decide to make an appeal, when you initially submit it to the Planning Inspectorate, you should state in writing the ground(s) on which you are appealing against the enforcement notice and you should provide the Planning Inspectorate with a Statement setting out briefly the facts on which you intend to rely in support of each of those grounds. If you do not do this when you make your appeal the Planning Inspectorate will send you a notice requiring you to do so within 14 days. You must also send a copy of your appeal submission to the Council at the same time. Please acknowledge receipt of this letter and enclosures.

Authorities respond to residents' concerns about obstructive parking

Over the past couple of weeks I've been contacted by several residents expressing their frustration and concerns about careless parking on public footpaths in a number of locations. Reports suggest that in some places pedestrians and users of mobility scooters and pushchairs are forced to go onto the highway to get past vehicles that have been parked entirely across the pavement.

I've raised these concerns with the authorities on every occasion I've been contacted by residents. In response I've received a note from the county council (which acts as the highways authority) clarifying responsibility for dealing with parked vehicles causing an obstruction: 

As a highway authority we have a duty to protect and assert the right of all members of the public to use the highway. Therefore provided a vehicle is taxed, tested and insured, it is legally entitled to park on the public highway provided it is not causing any obstruction.

With regards to the obstruction of the Footpath, the legislation that allows the Council to issue notices to vehicles contravening parking restrictions excludes us from being able to enforce offences such as dangerous parking and obstruction. The power to enforce these offences lies with Durham Constabulary and consequently enforcement action may only be undertaken by a Police Officer.

Therefore on this occasion the vehicle that is parked causing an obstruction offence should be reported directly to Durham Constabulary using the non-emergency telephone number ‘101’. Alternatively if the vehicle is a Heavy Goods Vehicle, this should be reported to the traffic commissioner on telephone number 0800 030 4103.

I'll continue to relay residents' concerns to the authorities whenever they get in touch with me, but I'm sure the overwhelming majority of residents would agree that the problem could be resolved in most cases if drivers chose to park their vehicles with more consideration for others.

If you have concerns about obstructive parking in your neighbourhood please get in touch with the police using the contact details shown above. Or if you prefer you could let me know and I'll report it on your behalf: rob.crute@durham.gov.uk

Multi-Agency Street Walkabout in Blackhall Colliery

Our latest street walkabout took place yesterday morning in Blackhall Colliery. The intention of holding this particular event was to bring all the relevant agencies together in one place to take a look around the streets and back lanes in Blackhall Colliery to register any outstanding fly-tipping issues, and also to monitor how effective ongoing efforts to keep the back yards of private properties clear of rubbish had been.

Alongside the parish clerk, the local PCSO, neighbourhood wardens, clean and green team, the selective licensing team, officers from the PCC and other partner agencies we set off from the parish council office to see which areas had improved since our last walkabout, and also to see which parts of each individual street required more attention.

The main areas we visited yesterday were in along back lanes between First and Eleventh Streets where we reported a number of environmental issues, including fly-tipping in one or two back lanes and also accumulations of rubbish in some of the back yards of private properties. It was noted that compared to our most recent walkabout in this area there had been a significant improvement in the amount of litter and debris cleared from the yards, alongside a reduction in the overall number of yards affected. However there were four back yards that had been targeted again by fly-tippers. In almost all cases there was no gate to the property, leaving the back yard open to repeat incidents of fly-tipping.

Towards the end of the walkabout we visited the site of the recent bonfire on the corner of East Street and First Street where the last of the debris from the fire had been removed earlier in the day. The grass where successive fires had been set was completely burnt away, leaving the ground beneath it a mess of charred soil and ash. This has now been reported to the authorities with a request that every effort is made to re-seed the field and return it as soon as possible to an acceptable condition for public use.

Finally, on the way back to the parish office we stopped to take a look at the site of the vacant, privately-owned land on Middle Street where ivy bushes growing into the perimeter fence are gradually pushing it towards the public footpath. On a number of occasions in the past sections of this fence have been blown into the footpath, presenting a risk of falling onto passers-by. The concern now is that the fence will eventually fall into the pavement if the bushes aren’t cut back and the fence properly repaired. The authorities have been tasked with finding a way to work with the landowner and the local authority to repair or secure the fence and trim back the bushes behind it.

All the issues we covered during yesterday’s street walkabout have now been referred to the relevant authorities for their attention, so hopefully the yards and streets we visited will be tidied up sooner rather than later. I’ll update on progress as and when I have more information from the services involved. In the meantime if you have any similar issues you would like us to know about please get in touch with us at: rob.crute@durham.gov.uk or stacey.deinali@durham.gov.uk

The next street walkabout is likely to take place in Hesleden, and over the next few months there are plans to visit other villages across the ward area too. I’ll post full details as soon as the representatives from all the partner agencies have confirmed their availability and the schedule of visits has been agreed.

Tackling the impact of Houses in Multiple Occupation (HMOs)

Many residents across the county will already be aware that we have been working for some time to find effective ways to address the growing problems associated with Houses in Multiple Occupation (HMOs) and the devastating impact they can have in our communities if they’re not properly regulated or kept under control. However, the problem has been largely ignored by the coalition currently in control of Durham County Council and is now in danger of coming to a tipping-point in many of our towns and villages.

By way of background, converting a residential property into an HMO is an initiative used by property owners and some private sector landlords to create additional rental income in one individual home by modifying living space to increase the number of tenancies. However, some of the more unscrupulous landlords have taken the opportunity to maximise their rental income by squeezing more individual tenancies into one property and then calling it an HMO. 

This isn’t anything new. It’s been around for several years but it’s recently come to the fore in some of our communities, and that would explain the increasing number of pressure groups emerging across the county over the past few months - most of them pressing for the same outcome but with some of the more opportunistic ones using it as a device to create division in our communities. 

The practice of converting residential properties into HMOs has picked up pace lately in some of our former industrial communities like those along the East Durham coast where some private sector landlords and their agents are exploiting this opportunity to increase their rental income. This leads to disruption in our otherwise settled communities, especially where there is evidence of an increasing number of HMOs in just one or two streets. To make matters worse once a residential property has been converted into an HMO it is highly unlikely that it would ever be returned to its original purpose, thereby gradually depriving our communities of a much needed rented-sector housing supply.

The impact of HMOs on our communities has been a long time coming. Anyone monitoring changes in the local housing market over the past few years, particularly in the private-rented sector, would have picked up on the opportunity perceived by some landlords to change direction and maximise profit by letting their properties to more tenants than they were ever intended for. 

This was in part the reason why Labour members in county hall introduced a Selective Licensing Scheme (SLS) a few years ago. The primary intention of the SLS was to bring some much-needed regulation to the private-rented sector, but it also gave the council a framework to build up an evidence base and provide a template for dealing with any potential housing issues in the future - such as the proliferation of HMOs in our East Durham communities and others across the county.  

However, apart from deploying the opportunity to further regulate the private-rented sector using the evidence gathered through the SLS, the only way the council can make real progress in tackling local concerns about HMOs is by engaging directly with residents and their communities and then developing policy and modifying the regulatory powers it has to deal with any emerging issues. 

Understandably our residents want to hear about solutions to their problems, but instead of listening to communities the Tory-Reform/Lib Dem/Independent coalition in control of the council has slammed the door in their faces every time. If they want to be seen doing something about this problem the coalition must start listening to residents and then act decisively to seek solutions and address local concerns.

Whether they do that by adopting restrictive planning policies that help to remove permitted development rights on HMOs, or whether they properly engage with residents as part of the forthcoming County Durham Plan review, it's vital that the coalition demonstrates its understanding of local concerns - and then holds out the prospect of hope and real progress by further regulating the private-rented sector and bringing some much needed stability to our communities.

Remembrance Sunday in Blackhall Colliery

As ever there was a magnificent turnout from our residents and local organisations at this year’s Remembrance Sunday commemoration service held at the memorial in Blackhall Colliery Welfare Park.

The service, organised by Monk Hesleden Parish Council and led by council chairman Gaynor Crute and local minister John Kidd, attracted another fantastic attendance from a community committed to paying their respects to those from Blackhall who fought in both World Wars and in other conflicts over the years.

At the commemoration service wreaths were laid at the memorial on behalf of the Royal British Legion, Monk Hesleden Parish Council, Durham County Council, Blackhall Colliery primary school, St Joseph's RC primary school, Wellfield school, Blackhall Labour Party, Blackhall RAFA, Blackhall Women's Institute, St Andrew's church and many other local and regional organisations who make the day so special. There was also an opportunity at the service for individuals to make their own personal representations on behalf of lost loved ones and family members.

As in past years the buffet reception held in Blackhall Cricket Club immediately after the service was again very well attended by residents taking the opportunity to meet up with family members, old friends and visitors to our village.

Stacey and I would like to thank the clerk, members and staff of the parish council for organising the event, the staff and committee of Blackhall Cricket Club who made everyone welcome, Ian Harris for performing the Last Post and Reveille, representatives from the Royal British Legion, Blackhall Women’s Institute, the staff and pupils from Wellfield school, our local primary schools, Brian Drummond who again gave so much of his time and effort in preparing the village ahead of the service and of course the Blackhall community who once again came together to honour those who fought and those who died in the defence of our country and community against fascism, tyranny and oppression.

Vehicle set on fire at East Street as part of Bonfire Night event

I was contacted last night by residents who were angry that once again a vehicle has been set on fire on land at East Street and First Street as part of an unauthorised bonfire night event. This follows a similar incident last year at the same location when an abandoned car was taken to the site and added to the bonfire.

I'd already been in touch with the authorities yesterday morning to alert them to the event and I'd asked them to monitor developments as best they could and manage any risks to health and safety that might occur. This followed concerns raised with me earlier in the day by concerned residents in the village.

I called down to the site early this morning to see for myself the damage left behind after last night's events. I saw a burnt out vehicle abandoned on the green and reported it straight away to the authorities with a request that it is removed as soon as possible and that any debris left behind is cleared.

From the many calls and messages I've received since last night it's clear there is significant anger throughout the village that a relatively small group of people seem quite happy to cause as much damage as they like and ruin the fun for everyone else.

Like a lot of people I think Bonfire Night or Guy Fawkes Night is a great opportunity to get together with friends and family. It's become an established English tradition over the past 400 years and I think it’s important that it should be preserved. However, the security, health and safety of residents must always come first, and none of the residents living in the streets nearby felt particularly safe or secure last night.

No one wants to stamp out what has become a time-honoured tradition, but equally no one wants to see vehicles dragged onto public open spaces and set alight - especially when the fire was so close to residential properties in East Street, First Street and Aspatria Avenue.

I have a scheduled meeting early next week with the community safety team, alongside the police, neighbourhood wardens and other agencies, as part of our regular street walkabouts in and around the villages. When we get together I'll raise with them residents' concerns about the events of last night and I'll ask them to look at ways to prevent a repeat of last night's mayhem. Bearing in mind that the safety of our children and young people is paramount I think all options should be up for consideration. 

If you have any issues you would like me to raise with the community safety team about what happened last night (or anything else for that matter) please contact me at: rob.crute@durham.gov.uk and I'll make sure your ideas and comments are taken into consideration.  

Council serves Breach of Condition Notice at Hesleden Pit Heap

Last week I published an update on a number of legal issues ongoing at the site of the former pit heap in Hesleden. Full details can be found in this link: legal-notices-to-be-served-next-week

Further to the information provided in that article we received confirmation from the planning office this morning (Wednesday) that a Breach of Condition Notice has now been served.

We have been advised by the planning department that the notice was served on:

B&S RECYCLING LIMITED

DRS LAND REGENERATION LTD

Haven Power Limited

Mr Robert Surtees

As ever, Stacey and I will continue to track progress on this issue and update on any significant developments. In the meantime, if you have any queries or comments about this matter please contact us direct at: rob.crute@durham.gov.uk or stacey.deinali@durham.gov.uk

Legal notices to be served next week at the Hesleden Pit Heap site

Earlier this week, alongside Stacey and the parish clerk, I met with the county council's planning manager, planning lawyer and principal planning officer to express our frustration at the constant delays in issuing a supplementary enforcement notice on the owners/operators of the former pit heap site in Hesleden.

At the meeting we asked for an appraisal of progress to date and an update on what the council intended to do to bring this matter to a satisfactory conclusion for the benefit of all the residents of the village. We told officers that our expectation was for the much delayed enforcement notice to be issued without further delay, along with a workable restoration plan that would improve the site from the condition it was in before works began. This was a requirement in the conditions attached to the original planning consent issued some years ago and we’ve insisted there must be compliance. 

Anyone who’s followed this issue from day one will know that I’ve consistently objected to any extraction works on the pit heap site from the very start, mainly because I could see no material benefit for anyone but the company - and one of the concerns I raised at the earliest stage was the risk that at some point the operator or owner could simply walk away whenever they chose to, leaving the site in an unacceptable condition. I do not want to be proved correct on that point.

In response officers insisted that they understood the frustration felt by residents, and they acknowledged that this matter has dragged on for an extended period of time without any perceptible measure of progress. However, they emphasised the complexity of this particular case which has required frequent legal interventions and external legal advice to assess options. The planning officers told us that they are working towards bring this matter to a close as soon as possible, but pointed out that they must do so within the legal constraints faced by the authority.

With this in mind they told us they'd reviewed the case again recently and have now confirmed a series of measures to be implemented from next week. Whilst hoping that this will serve its intended purpose, planning officers again emphasised the complicated nature of this issue and were not prepared to give us the guarantee we'd asked for that works would end immediately and that the site would be restored for the benefit of the community. However, we'll continue to press at every opportunity for this matter to be brought to a satisfactory close without any unnecessary delay. 

I've reproduced the planning manager's summary of those measures here in full:

Breach of Condition Notice: Early next week the Council will issue a Breach of Condition Notice requiring the person responsible for the breach to permanently cease the extraction of mineral from the Land and in accordance with Condition 4 of Planning Permission DM/19/02315/VOCMW.  The Notice will come into effect immediately and will relate to the extraction of combustible material only (because that is what the planning permission permitted).  The Notice will be served on those with an interest in the land. 

Enforcement Notice: An Enforcement Notice will be issued requiring the cessation of all mineral extraction, including sand and limestone, and require the site to be restored in accordance with a restoration scheme to be attached to the Notice.  We are in discussion with the site operator regarding a realistic timescale for implementation and completion of a restoration scheme which they have produced.  It is intended that the Notice will be issued by the end of October 2024.  The Notice will be served on the same parties as the Breach of Condition Notice.

Restoration Bond: Officers are pursuing the provision of the performance guarantee or restoration bond for the site.  If this cannot be provided then a new guarantee will be required and due to indexation a greater amount will be required.

Blackhall DMA Banner at the Thomas Hepburn Memorial Service

Members of the Blackhall Banner Committee were proud to represent our village and its mining heritage at the annual Thomas Hepburn Memorial Service held in Heworth last Saturday morning, 12 October.

Thomas Hepburn (c1795-1864) was active in forming the first miners’ union in County Durham & Northumberland in 1825 and dedicated his entire life to serving his community, being a particularly vocal advocate for children’s education and a reduction in the working hours of child miners. He was also influential in breaking down the ‘Tommy Shop’ system in pit villages, used by unscrupulous mine-owners to manipulate prices and hold mining families to ransom in their own communities.

His example in taking on the establishment and putting the interests of the people and their pit communities first serves as a timely reminder to us all that our struggles in adversity are rooted in the wealth and privilege at the top of society and not from within our own class and communities.

It has been confirmed by the Durham Miners' Association that the annual Thomas Hepburn Memorial Service will now be held on the second Saturday in October. This is to avoid any confusion about the date of the event and brings the timing in line with the Big Meeting which is held on the second Saturday in July.