Throughout the past week I've posted updates from the council's planning department in response to my queries about reports of ongoing extraction and removal works at the former pit heap site in Hesleden. As things stand these works are in direct contravention of a planning enforcement notice issued to the applicant/owner earlier this week. A recap of recent developments can be found in the links here:
https://robcrute-blackhall.blogspot.com/2023/09/council-to-take-enforcement-action.html
https://robcrute-blackhall.blogspot.com/2023/09/enforcement-notice-served-on-pit-heap.html
https://robcrute-blackhall.blogspot.com/2023/09/council-explains-implications-of.html
Apart from the continued adverse environmental impact on the community my specific concern, one shared by residents in Hesleden, is that there is no consistent approach from the council in dealing with the operator's breach of the terms of the enforcement notice. Those concerns are compounded by the confusion over which enforcement measures the council is both willing and able to take in these circumstances.
For example, if the operator submits an appeal against either the enforcement notice or the council's refusal of the planning application the company may be able to legally continue works until the appeal is heard by the government's planning inspectorate. My understanding from guidance issued by planners is that under those circumstances there is little if anything that the council can do about it.
However, to date the operator has not submitted an appeal notice so it follows logically that the enforcement notice will come into effect - meaning that works on site must cease immediately.
All I want from the council is a clear and consistent approach to dealing with residents concerns, so I've written to the council's head of planning development this morning asking for clarity on what the council can or cannot do under the circumstances. I've also asked the council to issue a public statement explaining the current position and setting out the council's approach to taking enforcement action under any future scenario as described above. I've also asked the planning department to provide a named contact at DCC to enable residents to raise any ongoing and future concerns about this matter:
Thanks Rob
I appreciate the continued frustration felt by the residents because the site is continuing to operate.
In response to the email regarding possible appeal and timelines, I would advise that an appeal against the enforcement notice has to be made before 27 October 2023. An appeal against the refusal of planning permission has to be made within 6 months of the date of the issue of the refusal notice which was 11/09/2023, so by 11/03/2024. It is likely that the operator will submit both appeals at the same time. Appeals are made to and determined by the Planning Inspectorate on behalf of the Secretary of State, entirely separate to the Council.
The site can continue to work if appeals are made and this would likely continue until the appeals are determined. The Council could only seek to legally stop the work if it was felt it was causing the most serious level of planning harm to justify an injunction and/or a stop notice, which is not considered to be case here.
The appeals process requires information to be submitted at various dates and once we have been notified of an appeal we will be informed of those dates by the Planning Inspectorate. The Planning Inspectorate endeavours to determine every appeal as efficiently as possible, and aims to do so in line with its performance targets. We will keep residents informed of the key dates once we receive notification of the appeal.
Details of the appeals process and the Planning Inspectorate’s performance targets can be found at Appeals - GOV.UK (www.gov.uk)
I'll update on developments as soon as I have a response from the service.
