The council's planning office has now responded to comments raised recently by residents in relation to the planning status of the former pit heap site in Hesleden. I've published the response below.
The resident’s questions are in black, with the planner’s response in red:
Thank you for your recent emails. I appreciate that residents are frustrated but the Council is still awaiting information from the Planning Inspectorate about the start of the appeal process. It is the Planning Inspectorate who is responsible for managing and determining the appeal, not the Council.
Further to previous discussions we will inform you and those who made representations on planning application no. DM/22/00010/MIN of details of the appeal when we receive further information.
Queries in your email sent on 9 November 2023
The question you have not answered was stated and attachments added. We asked how they were able to continue take limestone when this refers to planning that was for combustible material , it says no more limestone as page 3 states . We have asked on numerous occasions, also asked steven to ask you and give a complete answer , not just this was the decision . This is important for the appeal meeting . The extract included in your email is from the officer delegated report for DM/19/02315/VOCMW and reflects the position at that time. Additional limestone was later extracted and permission to continue to extract limestone was included in planning application no.DM/22/00010/MIN.
As you know it was stated at the planning committee when the planning was rejected that no limestone would have been needed to be taken out to get to the combustible material. The planning application which was submitted to the Council included the extraction of limestone and that was the proposal the Council considered.
Can we not contact the planning inspectorates to find out when the meeting will be?The Planning Inspectorate can be contacted by email at feedback@planninginspectorate.gov.uk or by telephone on 0303 444 5000.
It seems everything is for the quarry helping them to take more limestone that is for the restoration even though Robert Surtees has put the company BRS in to voluntary liquidation, and set up another company in his sole name. This is your opinion and you can make representations to the Planning Inspectorate in due course.
Queries in your email sent on 10 November 2023
Residents are loosing patients with Durham County Council
The appeal procedure meeting needs to be arranged so the residents can put their case and hopefully stop any more executions of limestone that is detrimental to their Heath and well being. As stated above it is the Planning Inspectorate who is responsible for managing and determining the appeal, not the Council.
Also Claire Teasdale to answer the questions and not just skirt around them. Looking at the documents Deed of variation for B&S Recycling Ltd. Who made this decision ? This was delegated decision by Council officers.
On what grounds was it made ? At the time of the variation of conditions application DM/19/02315/VOCMW the applicant proposed to update the existing legal agreement with the voluntary contribution to the community fund rising from the previous 10p per tonne of combustible material extracted to 15p per tonne. The officer report recommended approval subject to completion of the Deed of Variation. The original legal agreement remains in place but with the contribution clause replaced by the Deed of Variation.
Why are they able to continue this document is with B&S who are now in voluntary liquidation The legal agreement does not control the working of the site. Furthermore the legal agreement is tied to the land and is applicable to successors in title, not just B&S.
I hope this is helpful.