I published an article on these pages earlier this week confirming that the planning application to extend extraction works on site at the former pit heap in Hesleden had been rejected by members of the county planning committee on Monday morning. Please follow this link for full details: https://robcrute-blackhall.blogspot.com/2023/09/hesleden-community-stands-together-as.html
Since then I've received reports from residents that works appear to be continuing on site, which in my opinion would be in direct contradiction to the decision reached by the planning committee. As far as I'm concerned the developer does not have planning consent to continue extraction works on site.
Understandably residents are concerned about what happens next so I've contacted the planning case officer with a request that they confirm the current legal position. My email is reproduced below, with the case officer's response directly beneath it:
Morning *****,
I’ve received reports from residents in Gray Avenue this morning that loaded wagons continue to leave the site. My understanding was that now the application has been refused all extraction works would cease with immediate effect, and given the concerns expressed by both residents and committee members at the county planning committee meeting I would expect the applicant to comply.
For the same reason I would also expect that extraction and removal works would be prohibited in the interim period if the applicant decides to appeal yesterday’s decision.
Could you confirm please that the removal of minerals/combustible material from site from this point on will be solely for the purpose of regrading the site, with restoration works to be completed within a maximum 12-month period.
In response:
Dear Cllr Crute
Thank you for your e-mail. Following the Committee decision on Monday, officers are aware that the expectation would be for extraction to cease and restoration works to commence, or for all works to cease until the appellant has decided to appeal or not. The decision notice was issued on Monday and the applicant has 6 months to make an appeal.
The site is likely to continue working in the interim and I understand that working has been taking place today and yesterday at the operator’s risk. We are meeting with the Councils solicitor next week to consider the next steps and further updates will be available in due course.
I trust this is of assistance.
Regards
Given reports from residents over the past day or so it appears that the applicant has no intention of complying with the decision made by planning committee members on Monday morning.
I note from the response published above that planning officers are to meet with the council's solicitors to 'consider next steps'. Given the concerns we set out at the planning committee meeting on Monday morning on behalf of residents, I think the next steps taken by the council should be to physically block access to the site to prevent any further illegal extraction of minerals. In addition, the operator should be served with an injunction prohibiting any extraction works that would contravene planning regulations. Unfortunately those measures are beyond my influence and will be decided by the legal team next week.
I'll continue to press the planning office to properly monitor developments on site to ensure that the operator is not acting against the council's decision to prohibit further extraction works.
In the meantime if you have any comments or concerns about this matter please contact me direct: rob.crute@durham.gov.uk