WATER RIGHTS - Clarion Housing Group and Thakeham Homes are in danger of spoiling an ancient well that supplies water to many concerns in this vicinity. In the picture you can see a hired digger scooping out trenches to test drainage by pouring in water and measuring the rate of absorption by the soil. It seems to us that if you build houses on the ground that feeds the ancient well, that contamination from garden treatments such as Roundup and engine oils, etc., will find its way into this well leading to claims against the owners of the houses who would have been sold a pup, and/or against the Council for approving the proposal, by way of a negligence claim, and/or against the vendors or developers. Any way you look at it the developers and Council concerned should take steps to ensure that no development takes place until the proper tests and evaluations have been completed, and after that stage, to ensure that any houses built in this location will not be on a path that includes the water table that feeds the ancient well.


Any failure to conduct the proper tests and house situation, along with safe sewage disposal, may tempt the Secretary of State to call in the application. We imagine that all of those with a financial interest in this piece of greenbelt will want to resolve issues before it starts to get complicated.



142. Minerals are essential to support sustainable economic growth and our quality of life. It is therefore important that there is a sufficient supply of material to provide the infrastructure, buildings, energy and goods that the country needs. However, since minerals are a finite natural resource, and can only be worked where they are found, it is important to make best use of them to secure their long-term conservation.

143. In preparing Local Plans, local planning authorities should:

●● identify and include policies for extraction of mineral resource of local and national importance in their area, but should not identify new sites or extensions to existing sites for peat extraction;

●● so far as practicable, take account of the contribution that substitute or secondary and recycled materials and minerals waste would make to the supply of materials, before considering extraction of primary materials, whilst aiming to source minerals supplies indigenously;

●● define Minerals Safeguarding Areas and adopt appropriate policies in order that known locations of specific minerals resources of local and national importance are not needlessly sterilised by non-mineral development, whilst not creating a presumption that resources defined will be worked; and define Minerals Consultation Areas based on these Minerals Safeguarding Areas;

●● safeguard:

末 existing, planned and potential rail heads, rail links to quarries, wharfage and associated storage, handling and processing facilities for the bulk transport by rail, sea or inland waterways of minerals, including recycled, secondary and marine-dredged materials; and

末 existing, planned and potential sites for concrete batching, the manufacture of coated materials, other concrete products and the handling, processing and distribution of substitute, recycled and
secondary aggregate material.

●● set out policies to encourage the prior extraction of minerals, where practicable and environmentally feasible, if it is necessary for non-mineral development to take place;

●● set out environmental criteria, in line with the policies in this Framework, against which planning applications will be assessed so as to ensure that permitted operations do not have unacceptable adverse impacts on the natural and historic environment or human health, including from noise,
dust, visual intrusion, traffic, tip- and quarry-slope stability, differential settlement of quarry backfill, mining subsidence, increased flood risk, impacts on the flow and quantity of surface and groundwater and migration of contamination from the site; and take into account the cumulative effects of multiple impacts from individual sites and/or a number of sites in a locality;

●● when developing noise limits, recognise that some noisy short-term activities, which may otherwise be regarded as unacceptable, are unavoidable to facilitate minerals extraction; and

●● put in place policies to ensure worked land is reclaimed at the earliest opportunity, taking account of aviation safety, and that high quality restoration and aftercare of mineral sites takes place, including for agriculture (safeguarding the long term potential of best and most versatile agricultural land and conserving soil resources), geodiversity, biodiversity, native woodland, the historic environment and recreation.

144. When determining planning applications, local planning authorities should:

●● give great weight to the benefits of the mineral extraction, including to the economy;

●● as far as is practical, provide for the maintenance of land-banks of non-energy minerals from outside National Parks, the Broads, Areas of Outstanding Natural Beauty and World Heritage sites, Scheduled Monuments and Conservation Areas;

●● ensure, in granting planning permission for mineral development, that there are no unacceptable adverse impacts on the natural and historic environment, human health or aviation safety, and take into account the cumulative effect of multiple impacts from individual sites and/or from a
number of sites in a locality;

●● ensure that any unavoidable noise, dust and particle emissions and any blasting vibrations are controlled, mitigated or removed at source, and establish appropriate noise limits for extraction in proximity to noise sensitive properties;

●● not grant planning permission for peat extraction from new or extended sites;

●● provide for restoration and aftercare at the earliest opportunity to be carried out to high environmental standards, through the application of appropriate conditions, where necessary. Bonds or other financial guarantees to underpin planning conditions should only be sought in exceptional circumstances;

●● not normally permit other development proposals in mineral safeguarding areas where they might constrain potential future use for these purposes;

●● consider how to meet any demand for small-scale extraction of building stone at, or close to, relic quarries needed for the repair of heritage assets, taking account of the need to protect designated sites; and

●● recognise the small-scale nature and impact of building and roofing stone quarries, and the need for a flexible approach to the potentially long duration of planning permissions reflecting the intermittent or low rate of working at many sites.

145. Minerals planning authorities should plan for a steady and adequate supply of aggregates by:

●● preparing an annual Local Aggregate Assessment, either individually or jointly by agreement with another or other mineral planning authorities, based on a rolling average of 10 years sales data and other relevant local information, and an assessment of all supply options (including marine dredged, secondary and recycled sources);

●● participating in the operation of an Aggregate Working Party and taking the advice of that Party into account when preparing their Local Aggregate Assessment;

●● making provision for the land-won and other elements of their Local Aggregate Assessment in their mineral plans taking account of the advice of the Aggregate Working Parties and the National Aggregate Coordinating Group as appropriate. Such provision should take the form of specific sites, preferred areas and/or areas of search and locational criteria as appropriate;

●● taking account of published National and Sub National Guidelines on future provision which should be used as a guideline when planning for the future demand for and supply of aggregates;

●● using land-banks of aggregate minerals reserves principally as an indicator of the security of aggregate minerals supply, and to indicate the additional provision that needs to be made for new aggregate extraction and alternative supplies in mineral plans;

●● making provision for the maintenance of land-banks of at least 7 years for sand and gravel and at least 10 years for crushed rock, whilst ensuring that the capacity of operations to supply a wide range of materials is not compromised. Longer periods may be appropriate to take account of the need to supply a range of types of aggregates, locations of permitted reserves relative to markets, and productive capacity of permitted sites;

●● ensuring that large land-banks bound up in very few sites do not stifle competition; and

●● calculating and maintaining separate land-banks for any aggregate materials of a specific type or quality which have a distinct and separate market.

146. Minerals planning authorities should plan for a steady and adequate supply of industrial minerals by:

●● co-operating with neighbouring and more distant authorities to co-ordinate the planning of industrial minerals to ensure adequate provision is made to support their likely use in industrial and
manufacturing processes;

●● encouraging safeguarding or stockpiling so that important minerals remain available for use;

●● providing a stock of permitted reserves to support the level of actual and proposed investment required for new or existing plant and the maintenance and improvement of existing plant and equipment, as follows:

末 at least 10 years for individual silica sand sites;

末 at least 15 years for cement primary (chalk and limestone) and secondary (clay and shale) materials to maintain an existing plant, and for silica sand sites where significant new capital is required; and

末 at least 25 years for brick clay, and for cement primary and secondary materials to support a new kiln.

●● taking account of the need for provision of brick clay from a number of different sources to enable appropriate blends to be made.

147. Minerals planning authorities should also:

●● when planning for on-shore oil and gas development, including unconventional hydrocarbons, clearly distinguish between the three phases of development (exploration, appraisal and production) and address constraints on production and processing within areas that are licensed for oil and gas exploration or production;

●● encourage underground gas and carbon storage and associated infrastructure if local geological circumstances indicate its feasibility;

●● indicate any areas where coal extraction and the disposal of colliery spoil may be acceptable;

●● encourage capture and use of methane from coal mines in active and abandoned coalfield areas; and

●● provide for coal producers to extract separately, and if necessary stockpile, fireclay so that it remains available for use.

148. When determining planning applications, minerals planning authorities should ensure that the integrity and safety of underground storage facilities are appropriate, taking into account the maintenance of gas pressure, prevention of leakage of gas and the avoidance of pollution.

149. Permission should not be given for the extraction of coal unless the proposal is environmentally acceptable, or can be made so by planning conditions or obligations; or if not, it provides national, local or community benefits which clearly outweigh the likely impacts to justify the grant of planning permission.




Department for Communities and Local Government
Eland House
Bressenden Place
London, SW1E 5DU

United Kingdom

Telephone: 030 3444 0000



    HINKLEY, CALIFORNIA - GROUND WATER CONTAMINATION - The town of Hinkley, California, located in the Mojave Desert, (about 121 miles driving distance north-northeast of Los Angeles) had its groundwater contaminated with hexavalent chromium starting in 1952, resulting in a legal case against Pacific Gas & Electric (PG&E) and a multimillion-dollar settlement in 1996. The legal case was dramatized in the film Erin Brockovich, released in 2000.

    Residents of Hinkley filed a class action against PG&E, encaptioned Anderson, et al. v. Pacific Gas and Electric (Superior Ct. for County of San Bernardino, Barstow Division, file BCV 00300.

    In 1993, Erin Brockovich, a legal clerk to lawyer Edward L. Masry, investigated the apparent elevated cluster of illnesses in the community linked to hexavalent chromium. The efforts of Brockovich and Masry, and the plight of the people of Hinkley, became widely known when the film Erin Brockovich was released in 2000.





    After many arguments, the case was referred to arbitration with maximum damages of $400 million. After the arbitration for the first 40 people resulted in roughly $110 million, PG&E reassessed its position and decided to end arbitration and settle the entire case. The case was settled in 1996 for $333 million, the largest settlement ever paid in a direct-action lawsuit in U.S. history.

    In 2006, PG&E agreed to pay $295 million to settle cases involving another 1,100 people statewide for hexavalent chromium-related claims. In 2008, PG&E settled the last of the cases involved with the Hinkley claims for $20 million.



    LEAD CASE: In the case of Wealden District Council and planning application WD/2015/0090/MAO, originally filed by Tim Watson in 2014, then re-filed by Gleeson Developments in 2015, and taken over by Clarion Group and Thakeham Group, there appear to be multiple errors in applying these policies to greenbelt, including failing to protect open spaces and the historic built environment, and not promoting sustainable transport.


    The Horse Sanctuary Trust are following this case with much interest. We consider that the paper trail will eventually make interesting reading, leading us to who is making the decisions and the money ........




    GREENBELT - Digging up Greenfield sites for quick profits from windfall planning consents is ruining the heritage of the nation. Once it is gone, it is gone. Britain is short of genuinely affordable housing that developers are loath to provide where all they want is the money. It may be that Clarion Housing and Thakeham intend building affordable units on this site. They should also bear in mind the requirement for sustainable development in United Nations terms. Copyright photograph ゥ April 26 2018, Herstmonceux Museum Limited. All rights reserved. You may not copy this picture except for educational use.





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