Earlier this week I published an article expressing our concerns, and those of the community we represent, about the planning appeal process currently underway regarding ongoing extraction works at the former pit heap site in Hesleden.
I wrote in that piece about my serious misgivings about the way communications between the council and ourselves as local elected members have been handled during the planning process. The people who elect us as their representatives have every right to be kept informed of what is going on in their communities; that has always been our priority but it's become increasingly difficult to fulfil that aim when we are excluded from timely and critical information that affects our communities. Please see full details here: https://robcrute-blackhall.blogspot.com/2024/04/hesleden-pit-heap-planning-enforcement.html
In my earlier article I mentioned that we had arranged a meeting between officers from the planning office at county hall and ourselves as community representatives. We met yesterday and we think it's important that the details of that meeting are reported for public information.
Our first point was to express our serious concerns about the way information in the public interest is communicated to ourselves as the local elected members. It would appear from developments last week that decisions are being made without us being informed in a timely manner. That puts us on the back foot when we relay information to our communities - and we've told them in no uncertain terms that it's not acceptable. Consequently we've received an assurance from planning officers that communications on this issue in particular will be strengthened to ensure that any significant developments are reported back to us and our communities in a timely manner.
In addition we've made it clear that throughout the planning appeal process we fully expect the council to reinforce the decision of the council's elected planning committee to refuse the company's planning application to continue work on the former pit heap site in Hesleden. Planning committee members agreed with the concerns we put to them at the committee meeting last September that ongoing extraction works on the pit heap site were having a harmful impact on public health and the general amenity of the community in Hesleden. Consequently the committee resolved that all extraction works on site must cease, and that restoration works to bring the site to an acceptable standard should begin without delay. A report from last September's planning committee meeting can be found here: https://robcrute-blackhall.blogspot.com/2023/09/hesleden-community-stands-together-as.html
When we put this question to planning officers at the meeting to they told us in response that they were entirely behind the decision made by the planning committee last September. In other words, the council has assured us that they are unequivocally supportive of our position as local members that the end game of this whole process is to get the company to cease operations on site as soon as possible and return it to a decent condition for the benefit of the community.
Unfortunately we have no choice other than to accept that the planning process includes the legal right of applicants to appeal to the Planning Inspectorate against decisions made by planning committees, but we're concerned that delays in the process (which unfortunately allow the appellant to continue working until the government's planning inspector comes to a decision) are enabling the company to continue extraction works at the expense of local residents and businesses, regardless of the council's decision to reject the company's planning application. We also have to acknowledge that planning appeals fall entirely within the remit of the government's planning inspector, and as such the pace of the process itself is beyond the control of the council.
Whether we like it or not the appeals process, and everything that comes with it, is in the hands of the Planning Inspectorate and it'll stay that way until the appeals process is completed. In my opinion there is a serious fault in any system which enables the developer to continue working on site even though their planning application was refused by the council, and even though they know that continued extraction works present a real risk to public health and the general amenity of the community.
We asked officers for an update on the status of the planning appeal registered with the Planning Inspectorate. In response we were told that one of the planning enforcement notices has been withdrawn so that the company can produce a revised restoration plan which will be fully enforced as part of a replacement enforcement notice due to be issued against the company soon.
In addition we have been told that there is a currently an appeal from the company awaiting validation from the planning inspector. Again, when we put the question to officers, we received an assurance that the council's sole intention is to oppose any appeal by the company in line with the planning committee's decision last year to refuse consent for works to continue.
From the outset, alongside our communities, we've had to put our faith in the planning process, and we fought hard for many years against the company's proposals to develop the site. From the very start, over 10 years ago, we've argued that this would the wrong development, in the wrong place and that it would have a damaging impact on the community. We've been proved correct on that score, so we should accept nothing less than an outcome that brings an end to this chaos once and for all.
Finally, officers from the planning team have agreed to meet with me and Stacey, along with additional local representation from the parish council and the Hesledens Residents' Association, to clarify the current position of the enforcement process, reaffirm the council's total commitment to bring this development to an end in line with the planning committee's ruling and discuss in further detail any matters arising out of this latest development. We've written to the planning office to agree a time and date to meet in county hall as soon as possible.
In the meantime if there are any issues that you would like us to know about please get in touch at: rob.crute@durham.gov.uk or stacey.deinali@durham.gov.uk