I published an article on these pages recently giving an update on developments with the Hesleden pit heap planning appeal process, and highlighting a few issues arising from a meeting Stacey and I held with planning officers a couple of weeks ago.
As I mentioned in the article we arranged a follow up meeting to include representatives from the Hesledens Residents' Association and from the parish council with the intention of clarifying a few outstanding issues and raising any additional concerns on behalf of the community. That meeting took place in county hall earlier today and I’ve highlighted below the main points raised with the head of planning and an officer from the council's legal department.
Given some remaining confusion in the community about the role the council, as the local planning authority, would play throughout the appeal process I asked the officers present to clarify the position they have adopted since the planning application seeking permission to continue extraction works on site was refused by the planning committee last September. In response the head of planning confirmed that the council was fully behind the decision made by the planning committee to do whatever it was able to bring extraction works on site to an end. This position is fully aligned with the wishes of planning committee members, the residents of Hesleden and both Stacey and I as the two local county councillors.
An update was then given on the current status of the planning appeal process and the council's enforcement notice issued to the company last year. Following legal negotiations the council has withdrawn the original notice and the company has agreed to produce a workable site restoration scheme which will be used to restore the site to an acceptable condition when works come to an end. Once the enforcement notice is issued however the company would still hold the right to appeal to the national Planning Inspectorate (PINS) against the notice within a 28-day period. Although this isn't want we want to see happen it is a legal right for the company, and is something beyond the control of the council.
We also asked officers for clarification on the routes that wagons are meant to use when coming into and going out of the village. The council has agreed to check on this point and take the necessary action if the company doesn’t comply with the agreed routes.
In addition we raised concerns about the impact on the community of ongoing extraction works, and we referred specifically to unacceptable dust and limestone emissions which continue to have a damaging effect on public health - something that planning committee members referred to last September when they refused consent for works to continue. We were told in response that the council carries out regular site inspections to gauge the level of noise and dust emissions and that this information is logged and acted upon if certain safety levels appear to be breached. In response to our request to install dust monitors closer to the site the council agreed to contact the relevant officers to see if this could be done.
Clearly it's important that if the council is to provide robust evidence to the inspector about the effect of extraction works on public health it needs to ensure much more accurate detection rates closer to the site, especially in Gray Avenue where residents have reported that fish have been poisoned by limestone emissions. In building up that evidence base the council’s offer to follow up on our request for additional monitoring equipment was welcomed by us as local members and the residents in attendance.
Finally the council has assured us that there will be no time wasted in pursuing an acceptable outcome on behalf of the community. Given that this development has dragged on far longer than anyone expected, and with a much graver impact on the community than expected, we think it's vital that the council is ready to submit the enforcement notice as soon as the company's revised restoration plan is received and accepted by the council. We have been given an assurance today that the council fully understands the concerns of the community and that they will take timely action without unnecessary delay.
We will continue to monitor developments with the council's forthcoming enforcement notice and also progress as it progresses through the planning appeal process if the company opts to appeal against the notice.