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December 2003
Following the AGM on 13th November, Peter Thompson, our chairman, wrote to Jim Dixon, Chief Executive of the National Park Authority, raising three points:
1. To complain about the lack of resolution in preparing the Planning Contravention Notice (PCN) which is to be served on the quarry operators at Backdale This is the first step in the process of serving Enforcement and Stop notices. This process is designed to determine whether the workings contravene the permission granted in 1952 and to take action if so.
2. To regret the apparent stalemate in the 1995 Environment Act review, which is another way of reviewing the validity of the workings at Backdale.
3. To note the willingness of Glebe to transfer to the Authority their rights to the minerals in the northern (greater) part of the area of the 1952 permission, in return for rights to mine fluorspar over a small number of years at Winster. He supported this approach.
The letter was followed up by a meeting with Mr Dixon.
A report on Backdale was submitted by park officers to the Planning Control Meeting of 28th November, which resulted only in the report being noted, with a tardy three-month action plan.
Better news was that the Authority have decided to take over the mineral rights explained above, and intend to serve a revocation order to protect the area concerned from any quarrying. There are number of legal hurdles to jump before that can be done, but this seems to be very good news.
As this timeframe for serving a PCN etc. seemed to us to be still unacceptable, we wrote to all Authority Members again urging more speedy action. This time our efforts seemed to bear fruit as, at the Planning Control Meeting of 19th December, it was announced that the PCN was to be served that day. The operators now have until 23rd January to answer numerous questions about their workings. If, as we expect, they fail to satisfy the Authority that they are working to the terms of the permission, the next stages will come into force.
On another tack, we have written to Merrimans, the quarry operator, pointing out the high level of concern in the population at large that their actions have provoked, and asking them to reflect on the fact that what they are doing is contrary to the spirit of a national park.
As Christmas comes, events at Backdale are hotting up, and we can be quite satisfied by the progress now being made. The Park Authority must now be given our full support in the actions they are taking.
28th November 2003
PDNPA Planning Control Committee - Report on Longstone Edge
This report resulted in the Authority's officers being instructed to make progress and report back in three months. The Committee were unhappy about this delay and made strong representations.
13th November 2003
Save Longstone Edge AGM and Members’ Consultation Meeting at Calver Village Hall
Unlike last year when 50 people came, this time 140 members packed the hall, concerned at the renewed quarrying at Backdale. They came to hear an update from the committee, and to listen to the steps the Peak District National Park Authority would take to deal with the matter. Cllr. John Bull, Chairman of the Planning Control Committee, was on hand for this, assisted by David Bent of the minerals planning team. Messrs Bull and Bent talked of determining the facts and preparing a proposal for action to put to the PDNPA members in Spring 2004. The mood of the meeting was one of exasperation at such a glacial pace of action, and their extreme caution.
Peter Thompson (Chairman) and Julian Tippett (Secretary) described how activity restarted in June 2004, using straightforward quarrying methods of blasting the limestone and taking it to crushers and screeners for processing before being carted away as aggregate. Any fluorspar ore encountered is being put to one side in case it would be accepted by Glebe mining for processing, which they have refused to do. We and any other right-thinking persons can see that this method violates the terms of the permission (see elsewhere for the precise terms of this), which stipulates that fluorspar ore should be the primary goal, any limestone being removed only as a secondary activity. That is, it is a vein minerals permission.
PDNPA View
David Bent said that the first action would be to issue a Planning Contravention Notice to give the PDNPA the right to demand information from the operators (Merrimans) and owners (Bleaklow) on the nature of the operation and volumes of extraction. If the PDNPA then believes that the operator is contravening the permission, he would prepare a proposal for enforcement and even a stop notice. The PDNPA is also obtaining legal advice on what the true interpretation of the permission is, and on this he appears very cautious. The permission granted in 1952 is very loosely worded. John Bull stressed the importance of taking enough time to be sure of conducting the procedure accurately so as not be open to challenge and claims for damages, which could be massive.
Our View
Distilling contributions to the meeting from members and committee, we agree with the PDNPA’s general approach, but we believe they are being unduly cautious about the meaning of the 1952 permission, and are taking action far too slowly. Yes they should get it right, but action is needed. There may be some risk of a perverse decision coming out of the legal system, but we rate that likelihood low. If the operators are not challenged they will just carry on regardless.
Glebe
Concerns were expressed about the dust and noise coming out of the workings at the western end of the Edge. It was pointed out that complaints can be addressed to Glebe and the Environmental Health Officer at Derbyshire Dales District Council. We also noted that the application to extend working to Watersaw, which was turned down partly as a result of our lobbying, might be repackaged and resubmitted by Glebe.