A couple of weeks ago Stacey and I, along with the parish clerk and residents from Hesleden, met in county hall with officers from the council’s planning and legal teams. The purpose of the meeting was to clarify a few issues around the current status of the planning process relating to the former pit heap site in Hesleden. At the meeting we were given an assurance that officers would supply a written summary of the issues discussed and we received that summary last week (please see below).
Shortly after our meeting in county hall the parish council covered this issue at their monthly meeting and resolved to do whatever it is able to address residents’ concerns about delays to the planning appeals process (which is currently being dealt with by the Planning Inspectorate, a national office which is entirely independent of the local planning authority). Consequently I met last week with the parish clerk to look at how we can make progress in the campaign to bring this ongoing planning issue to a satisfactory conclusion on behalf of residents directly affected by ongoing works on site.
The first issue covered was to determine a way forward that would meet the aims of the parish council’s intervention. To this end it was suggested that a parallel approach would be the most effective way of making progress. This approach would include on the one hand urging residents to continue reporting potential breaches of planning conditions (ie, vehicle timings and frequencies) to the council’s planning and environmental health departments, while at the same time focusing on the opportunity presented by the planning appeals process to address residents’ concerns about the wider health impact of ongoing development at the site.
With this in mind it was agreed that the parish clerk would seek further clarification on one or two issues arising from the council’s update from the meeting held recently in county hall. In adopting this approach it is intended to make progress with delays in the planning appeals system, whilst at the same time building up an evidence base of planning condition breaches by the company - something that would be helpful when the appeal eventually comes to a hearing under the Planning Inspectorate.
I’ve published below the transcript of the planning department’s account of our meeting held in county earlier this month. The parish clerk has requested clarity on a few issues arising from the officer’s account, particularly relating to dust monitoring, and an update will be given in due course.
Morning Rob,
As promised at the conclusion of our meeting in County Hall a couple of weeks ago please see below a note on this site. I hope it covers the issues I promised to get back to you, Stacey and Lynda on at the meeting and pick up on the points below.
Site Monitoring
Under the Town and Country Planning (Fees for Applications, Deemed Applications, Requests and Site Visits) (England) Regulations 2012, planning authorities can charge for a maximum of 8 site visits for monitoring site operations within any 12 month period where the site is operational, or one visit in other circumstances. Additional site visits may be undertaken but they cannot be charged.
The site has been monitored for compliance with planning conditions on a quarterly basis since September 2017 by the Council’s Monitoring Officer and reports produced following those visits. In addition, there have been additional visits as and when required and in response to planning enforcement complaints from residents. In total there have been 42 visits to the site, a number significantly higher than I would expect for a site of this size.
There have been a number of enforcement complaints which have been investigated and where there have been issues, they are raised with the site operator. A number of complaints when investigated found that there had not been a breach of planning control, and these are recorded.
When investigating noise and dust complaints monitoring information is requested from the site operator who employs a specialist independent company to undertake that task which is normal practice. The results are then considered by Council Officers. Noise and dust monitoring is taking place as required and the results have been acceptable and as such have not necessitated the Council undertaking its own monitoring. Notwithstanding this, it should be noted that Council Officers have undertaken their own noise monitoring on three occasions in 2018/2020 and 2022. On each occasion the site was compliant with the noise levels set out in the relevant planning condition. On one occasion there was an issue with a bearing on a piece of machinery and although the noise levels were compliant the noise of the bearing could be heard. Further monitoring is intended to be undertaken within the next few weeks.
Residents consider a dust monitor should be provided at Gray Avenue and this was also raised last year. At that time Council Officers met with the site operator on site to discuss this possibility. Due to concerns raised by the operator regarding a suitable location and potential mishandling of the equipment, it was agreed that an extra dust monitor halfway along the access track would be installed. Officers agreed that this seemed to be the most practical solution as it allows an extra dust monitoring location to be provided between the site and Gray Avenue. Readings provided by this monitor have not shown high dust levels.
Officers have not undertaken dust monitoring and for this to take place a statutory nuisance complaint would need to be made to the Environmental Health arm of the Council. Details of how to make a complaint are available to view on the Council’s website at https://www.durham.gov.uk/pollution In order to assist our Environmental Health colleagues we have fully briefed them on the issues and sent them copies of the complaints received by the planning team. I have copied in Mark Anslow, who heads up this part of the Environmental Health Team and Mark would be happy to discuss further with residents and/or yourself.
Council Officers will continue to monitor the site on a regular basis and review the noise and dust results provided by the site operator. In addition, we will undertake our own noise monitoring periodically.
Enforcement Notice
Officers are reviewing the restoration and will be going back to the site operator with comments. Once the scheme is acceptable to the Council has been submitted a new Enforcement Notice will be issued. This work is receiving priority attention in our Minerals and Waste Team.
Vehicle numbers
Comments were made regarding the vehicle movements and routes, and it was queried why there were no limits on vehicle numbers and size. This is a matter that was considered at the time of the application and through Condition 10 of Planning Permission No. DM/19/02315/VOCMW there is a restriction on the number of heavy goods vehicles. This being:
The total number of heavy goods vehicles entering and leaving the site shall not exceed 44 (22 in and 22 out) per operational day Monday to Friday and 22 (11 in and 11 out) on Saturdays. A record of all heavy goods vehicles leaving the site shall be maintained by the operator and a certified copy of this record shall be afforded to the Mineral Planning Authority within 2 working days of such a request.
Enforcement Notice Update
The Council is in receipt of the proposed restoration scheme and will be going back to the developer with comments within the next week. This will require an updated scheme to be produced. You will appreciate that we need to be satisfied with the scheme before a new Enforcement Notice is served.
Appeal
If an appeal is made against the new Enforcement Notice, comments will need to be sent to the Planning Inspectorate. If residents want to resubmit the same representations, that is their decision. They can contact the Planning Inspectorate directly should they have any queries regarding making representations. Details of how to contact the Planning Inspectorate can be found at Planning Inspectorate - GOV.UK (www.gov.uk) . Once the Planning Inspectorate validate the appeal against the refusal of planning permission we will send them all the representations that residents made in relation to the planning application.
It was queried if the Council could ask the Planning Inspectorate to speed up the appeal process, unfortunately the Council has no influence on the Inspectorates timescales. However I will write to the Inspectorate to appraise them of the background to the matter and to request any appeal is dealt with swiftly.
Operator
The person referred to in the press article is the site operator. Officers have undertaken regular monitoring of the site and have not reported any concerns or suspicions that waste is or has been deposited.
