Earlier this week, alongside Stacey and the parish clerk, I met with the county council's planning manager, planning lawyer and principal planning officer to express our frustration at the constant delays in issuing a supplementary enforcement notice on the owners/operators of the former pit heap site in Hesleden.
At the meeting we asked for an appraisal of progress to date and an update on what the council intended to do to bring this matter to a satisfactory conclusion for the benefit of all the residents of the village. We told officers that our expectation was for the much delayed enforcement notice to be issued without further delay, along with a workable restoration plan that would improve the site from the condition it was in before works began. This was a requirement in the conditions attached to the original planning consent issued some years ago and we’ve insisted there must be compliance.
Anyone who’s followed this issue from day one will know that I’ve consistently objected to any extraction works on the pit heap site from the very start, mainly because I could see no material benefit for anyone but the company - and one of the concerns I raised at the earliest stage was the risk that at some point the operator or owner could simply walk away whenever they chose to, leaving the site in an unacceptable condition. I do not want to be proved correct on that point.
In response officers insisted that they understood the frustration felt by residents, and they acknowledged that this matter has dragged on for an extended period of time without any perceptible measure of progress. However, they emphasised the complexity of this particular case which has required frequent legal interventions and external legal advice to assess options. The planning officers told us that they are working towards bring this matter to a close as soon as possible, but pointed out that they must do so within the legal constraints faced by the authority.
With this in mind they told us they'd reviewed the case again recently and have now confirmed a series of measures to be implemented from next week. Whilst hoping that this will serve its intended purpose, planning officers again emphasised the complicated nature of this issue and were not prepared to give us the guarantee we'd asked for that works would end immediately and that the site would be restored for the benefit of the community. However, we'll continue to press at every opportunity for this matter to be brought to a satisfactory close without any unnecessary delay.
I've reproduced the planning manager's summary of those measures here in full:
Breach of
Condition Notice: Early next week the
Council will issue a Breach of Condition Notice requiring the person
responsible for the breach to permanently cease the
extraction of mineral from the Land and in accordance with Condition 4 of
Planning Permission DM/19/02315/VOCMW. The Notice will come into
effect immediately and will relate to the extraction of combustible material
only (because that is what the planning permission permitted). The Notice
will be served on those with an interest in the land.
Enforcement
Notice: An Enforcement Notice will be
issued requiring the cessation of all mineral extraction, including sand
and limestone, and require the site to be restored in accordance with a
restoration scheme to be attached to the Notice. We are in discussion
with the site operator regarding a realistic timescale for implementation and
completion of a restoration scheme which they have produced. It is
intended that the Notice will be issued by the end of October 2024. The
Notice will be served on the same parties as the Breach of Condition Notice.
Restoration Bond: Officers are pursuing the provision of the performance
guarantee or restoration bond for the site. If this cannot be provided
then a new guarantee will be required and due to indexation a greater amount
will be required.
