I presented my latest monthly report to last night’s meeting
of St Enoder Parish Council. It covered the period from 24th October to 23rd November,
and was as follows:
1. Council
meetings
I have attended a range of formal meetings over the last month.
These included: Cabinet; Environment, Heritage and Planning Portfolio Advisory
Committee (plus an associated informal PAC and two pre-agenda sessions);
Constitution and Governance Committee, and a briefing on Cornwall Council’s
budget situation.
2. Council
meetings
I have also attended a meeting of the Leader / Community-led
Local Development working group, which I chair. This working group is devising
the framework for the Local Action Groups (LAGs) for the new European funding
programme. I also attended a meeting of the South and East Cornwall LAG, which
covers an area stretching from the China Clay parishes in the west to the
Tamar, and to which I have been appointed as a member.
Also attended was an Executive meeting of the Cornwall and
Isles of Scilly Rural Partnership, and the project team for the St Austell Bay
Economic Forum, which seeks the promote economic growth in St Austell and
surrounding areas (including Clay Country).
I also supported an event at New County Hall, which was
organised by the university at Penryn and sought to engage local people with
decision-making in Cornwall .
It was advertised as a “Citizens’ Take-over of County Hall.”
Locally, I have met with both the Indian Queens Under-5s and
the Wesley Under-5s to discuss their plans for the future and to explore how I
might be able to help.
3. Penare Pig
Farm, Higher Fraddon and associated AD plant
The last month has been dominated by the development of the
AD plant at Higher Fraddon, and the re-development of the pig farm.
I organised a public meeting, which took place on 30th
October at Kingsley
Village
Regular contact with local residents has been maintained through
the Higher Fraddon Residents Action Group, which has included meetings on 30th
October, 10th November and 13th November. Stephen Gilbert MP also attended the
meeting on 10th November.
I also met with Phil Mason and Nigel Doyle on a number of
occasions, who organised a meeting with Graeme Lochhead and David Manley from
Greener for Life – also on 10th November. I had previously met with Graeme
Lochhead on 31st October, immediately after the public meeting, and I have
spoken to representatives of Greener for Life and the pig farm on numerous
occasions over the telephone.
A number of Council officers have visited the site,
including staff from the enforcement team and highways.
The key news to report is that the three tanks constructed
by Greener for Life are not in compliance with the agreed plans, and the bund
has also been constructed slightly out of position. Cornwall Council has
therefore taken the view that the plant does not have a valid planning consent.
Greener for Life submitted a non-material amendment (NMA)
earlier in the year, which stated that the tanks would be smaller than
originally planned. For example, one of the original consented tanks would have
been 9.13m high, the NMA stated that it would actually only be 6.0m high, but I
understand that the height of the finished tanks is about 10m.
This was reported to Greener for Life prior to the meeting with
Cornwall Council on 10th November. My notes from the meeting were as follows:
All in all, I found the meeting to be fractious.
Vehicle movements
The meeting commenced with a discussion about recent
movements of large lorries. I complained that the number of such lorries that
had been bringing in material to “seed” one of the tanks, since Thursday 6th
November. I pointed out that this was not in compliance with either the
construction management plan (for the construction period) or the traffic
restrictions on the operational phase.
The response from Greener for Life was that this was a
“commissioning” phase, which fell between the construction and operational
phases. They acknowledged that they had not supplied information to the Council
about the traffic movements at an early stage, but said they would restrict the
movements to no more than 11 tankers each day (until Thursday this week).
Graeme Lochhead added that following the recent public
meeting at Kingsley
Village
It was noted that Greener for Life, at Phil Mason’s request,
had asked the Highways Agency if they could temporarily close one lane on the
A30 to make these deliveries. We were told that it would be possible, but would
take another seven days to arrange. Greener for Life stated that they intended
to keep the deliveries coming until Thursday 13th November, and the closure
therefore could not be actioned speedily enough for their timetable!
When it was suggested that Greener for Life stop deliveries,
they said they were unwilling to do this because it would compromise the
commencement of the AD process. Graeme Lochhead explained that the material was
being delivered at 25 degrees and would be heated up to 40 degrees. If it fell
below a certain temperature, the bacteria would die; and if the heat was 40
degrees but the tanks were not being fed with material, the bacteria would eat
each other.
They added that after Thursday, they intended to “ramp up”
the commissioning with the addition of maize silage, but stated this was much less
than originally planned.
Graeme Lochhead promised to provide me with detailed
information on their traffic movements between now and Christmas.
Planning
Nigel Doyle reported back on the findings of the enforcement
officers who visited the site on Tuesday 4th November. He stated that the
embankment was closer to residents than on plans and the tanks were not in
accordance with the second NMA which stated the height of the tanks would be
reduced. It was reported that the diameter of the tanks were greater than
stated and the height of the tanks were also much greater than agreed.
Given the present height of the tanks, the representatives
from Greener for Life prompted a discussion about possibly increasing the
height of the bund, with enhanced planting.
Nigel Doyle made it clear that, because the plant had not
been built in accordance with plans, it therefore did not have planning
permission. David Manley stated that he would need to seek legal advice on
whether they could legally challenge the Council’s position, but was given
short thrift by Nigel Doyle.
Phil Mason stated that there were two choices on the table
for those involved: (i) enforcement or a (ii) retrospective planning
application. He added that he felt the main impact and local concern was
traffic, and requested to know how a new application would mitigate traffic
impacts.
It seemed to me that Greener for Life did not appear too
interested in reducing the number of large vehicles travelling to Higher
Fraddon.
David Manley said that the initial NMA had already been
agreed and that had allowed larger vehicles within the consented 51 two-way
lorry movements. Nigel stated that the NMA was no longer valid, but the
decision-makers could choose (or not) to give it weight when the new application
was assessed.
I understood that Greener for Life were going to present
their latest proposal for vehicle movements to the meeting. But no new
information was presented and David Manley referred to paperwork (already
circulated to the Action Group) which suggested 38 two-way movements of 40 or
44 tonne vehicles per week.
I made it clear to Greener for Life that I would oppose such
an increase in large vehicles and I would push for the plant to have less
feedstock, unless they could find another access (off the A30) or an
alternative way to feed the plant.
Nigel Doyle asked Greener for Life to set out a timetable
for a revised application and to guarantee that the materials would not be
inaccurate or misleading. Whether there would need to a screening opinion was
also discussed.
Graeme Lochhead stated that he would need to write a report
for Greener for Life’s directors and investors about how best to proceed.
Access off the A30
Phil Mason asked if Greener for Life would agree to work
with Cornwall Council to argue for a new access road off the A30. They
confirmed that they would.
Phil Mason then asked if Greener for Life would sign a legal
agreement to use “best endeavours” to push for a new access road off the A30.
They stated they would need to discuss this with their directors and investors,
as well as other interested parties (the pig farm and owners of the land for
the biogas plant, the Dymond family).
It was also noted that Greener for Life had been granted a
temporary lane closure on the A30 on 23rd/24th November for the delivery of
some fitting, which it was agreed would be a precedent that could be argued in
the future.
Pig slurry
Graeme Lochhead stated that the biogas plant has a
commercial arrangement to take “3,000-5,000” tonnes of pig slurry from the
farm, but would not necessarily take a greater amount if it was produced. The
planners challenged this and I pointed that no-one had made account of such any
removal of pig slurry from the pig farm in terms of vehicle movements.
Nigel Doyle expressed his concern at the lack of clarity as
to how the pig farm and biogas plant would be working together and stated that
the two expected planning applications would need to be consistent with each
other.
Feed-in-tariff (FiT)
I asked about the FiT and the implication of gas not being
produced by 18th December. Graeme Lochhead stated that the FiT was dropping
from 15p to 12p, and if they had not produced gas by 18th December, could lose
over £100,000 per annum.
I raised the point suggested by Stephen Gilbert MP that the
feed-in-tariff would only be paid if all necessary consents were in place and
that if the planning consent was no longer valid, would there be a problem? The
Greener for Life representatives did not know the answer and stated they would
look into this.
Graeme Lochhead also argued that the Council should not
undermine the work of Greener for Life. He said that if the profitability of
the plant was damaged, it would have a potential knock-on impact on their other
projects in Cornwall
because of a lack of “investor confidence.” I stated that I had no confidence
in Greener for Life and how they had been operating.
Graeme Lochhead added that if Greener for Life failed to
achieve the present FiT amount, they would need to approach the operation of
the plant in a different way to maximise income. In particular, he stated that
they would need to source materials that would generate more gas in place of
the maize silage, for example, which would generate less gas.
Sub-contactors
Graeme Lochhead also reported that two sub-contactors,
working for FLI Energy, had been disrespectful to local residents. He added
that they had been sacked as a result.
Plant on opposite side of A30
I stated that local residents had heard about a possible
plan from Greener for Life’s to build a tandem plant on the other side of the
A30, but that there were great inconsistencies in what people had been told.
David Manley stated that the landowner (Imerys) had concerns about mineral
rights and the plan was on the “back burner.”
I asked for more details about the plan and it was confirmed
that, if such a plant was built, a tunnel (for pipes) would be drilled under
the A30 (which they said was quite easy to do and not too expensive). Material
for the plant could then be fed through the pipe in a liquid form.
I suggested that they needed to do more work on this, as
this could be an alternative way to reduce traffic movements, and asked for
more information about exactly what might be done. It was suggested that
Cornwall Council could take a pro-active approach to this issue.
Further information
Graeme Lochhead stated that he:
- Would arrange a
meeting with the closest local residents – within two weeks – to discuss the
extent of screening around the site.
- Wanted to organise
a display about the biogas plant and how it would work, etc.
- Planned to explore
the best way to travel to the site by attempting the various routes to Higher
Fraddon, using those vehicles that they would wish to use in the future.
- Would provide me
with detailed information about all the vehicles they wished to use, including
dimensions.
The possibility of enforcement action
At the meeting itself, the planners made reference to the
potential for stop notices or enforcement action that could be taken. Nigel
Doyle made it clear to Greener for Life that the Council would need to consider
all options.
I can also confirm that Nigel Doyle had discussions with
officers from the enforcement section and I will report back when I have heard
more from them.
I have been putting pressure on Council officials to be more
robust in dealing with both the developers of the biogas plant and the owners
of the pig farm, which has continued to redevelop the unit without any form of
planning consent.
It is also the case that much of what I have been told in
recent weeks is contradictory to other information which I have been supplied
with.
Taking much of the above into account, I wrote to Phil Mason
last week. The letter was as set out below:
First, may I thank you (and Nigel Doyle) for meeting with me
on a number of occasions over the last two weeks to discuss the problems caused
by the development of the biogas plant and the redevelopment of the pig farm at
Penare Farm.
I fully appreciate that you are trying to liaise with the
developers (Greener for Life) and representatives of the pig farm (Business
Location Services) to ascertain the best way in which to address what is
presently happening at Higher Fraddon.
However, it is ten days since we met with representatives of
Greener for Life (Monday 10 November), when you informed them that they no
longer had a valid planning consent because the application had not been
constructed in accordance with agreed plans.
I find it unacceptable that we have heard little from
Greener for Life over this period and that they have continued to construct /
commission their plant. I know that, because their planning consent is longer
valid, we cannot control certain aspects of their activities through the (now
defunct) conditions. But the extent of some of the vehicle movements has been
greater than those (i) stated by Greener for Life in their Construction
Management Plan and (ii) specified in the conditions of the actual consent,
which I consider unacceptable.
Likewise, the construction of the pig farm is continuing
even though a planning application has not even been submitted.
The residents of Higher Fraddon have had to put up with a
lot over the summer / early autumn, and they are still suffering significant
ongoing harm in their daily lives. This has even caused the Police to have a
presence in the area (see below).
It is also the case that Cornwall Council, the residents and
I have all been seeking information from Greener for Life and pig farm about
future plans and what is actually planned, etc, but the information we have
received has been inconsistent and contradictory, and on occasions could even
be described as misinformation.
I would wish to bring your attention to the following.
- The conflict between the vehicle movements (lorries) and
local population is actually escalating. I would refer you to correspondence
sent to the Council yesterday (18th November) about what happened earlier in
the day, and led to Police being called to visit Higher Fraddon.
- The Police have confirmed to me that they do not have the
capacity to be permanently on call to attempt to resolve issues near Penare
Farm.
- Greener for Life have been told that they do not have a
valid planning consent for their site and have failed to make any meaningful
changes to their operations (ie. reductions in traffic movements). It concerns
me that they have yet to accept this and may be looking to challenge the
Council’s position. It also concerns me that they have not come back to the
Council with any proposals to address or mitigate the concerns of local people.
- Greener for Life also seem to me to be unwilling to look at
significant reductions in the amount of feedstock that it would wish to see
delivered to the site in the future.
- The pig farm is continuing to construct new buildings, etc,
even though it has yet to submit a planning application, and the plan recently
submitted to Cornwall Council for scoping does not reflect what residents had
previously been told about the location of the attenuation tank.
- There is endless misinformation being provided to Cornwall
Council and local residents, which could/should impact on what may or not be
consented in the future. Please see below examples:
All statements about the extent of present vehicle movements
have been challenged by local residents. For example, one resident received the
following email about traffic movement from Greener for Life on the morning of
18 November about movements later that day: “Regarding vehicles, we will have
the two tractors in today, they will have come in and off loaded by 16:00 . I have also been dealt a
surprise and have been informed a load which was meant to be broken up into
small loads will now be arriving on two larger vehicles.”
Various comments about the possible additional plant on the
other side of the A30 have been extremely inconsistent. Some residents have
been told it is “dead in the water” while others have been told that the option
is still being explored.
At a meeting at Circuit House, Truro , on 17 October, I was told that the pig
farm would produce 3,000 tonnes of pig slurry which would all go to the biogas
plant. This was much less than the 7,800 tonnes recorded in the original
planning application, with the explanation being that the new buildings would
ensure there was less dilution with rain water. But more recently, Greener for
Life informed me that they have an agreement in place to take 3,000-5,000
tonnes, but would not necessarily take all the slurry if more was produced. I
have also spoken to Business Location Services for the pig farm who are saying
the amount of pig slurry could still be s high as 7,000 tonnes.
- With reference to the discrepancies shown above in terms of
the pig slurry, it is clear that there is a lack of communication between Greener
for Life and pig farm, which need to be addressed.
- Local people are demanding to know why formal enforcement
action is not being undertaken, and I have to say that I share the concerns of
my residents.
- I am extremely disappointed by the lack of meaningful
dialogue from both Greener for Life and the owner of the pig farm, and request
that you look to undertake enforcement action as a matter of urgency.
I have also twice complained to Greener for Life for their
failure to keep me, as divisional member, and St Enoder Parish Council informed
about changes to their vehicle movements, etc.
4. St Enoder
Neighbourhood Plan
I have been liaising with the Cornwall Rural Community
Council, who have been inputting the data from the returned questionnaires for
the St Enoder Neighbourhood Plan.
A total of 402 questionnaires were returned and I have been
told that the draft report on the feedback should be available this week. I
have also requested a further breakdown for the component parts of St Enoder
Parish, namely (i) Fraddon, (ii) Indian Queens / St Columb Road and (iii) Summercourt.
Meetings of the working group will be convened for December
to plan the next stage of the work programme.
5. Cornwall Local Plan
At the 14th November meeting of the Environment, Heritage
and Planning Portfolio Advisory Committee (which I chair), the final draft of
the Cornwall Local Plan was considered. It will be presented to a special
meeting of Full Council on 16th December and agreement sought to submit the
document to the Secretary of State, prior to examination by an Inspector.
It has taken a significant amount of time and there are many
elements of the Local Plan which I did not support (for example, the total
number of houses for the 2010-2030 period and the eco-town), but lost the
relevant arguments some months, or even years ago. Likewise, many aspects of
the process has been dictated from central government, leaving little room for
manoeuvre.
Earlier in the year, I wrote to central government on behalf
of a cross-party group of councillors, seeking a meeting with the Planning
Minister to express a range of concerns about the process to produce a local
plan. This was granted but the meeting was only attended by the Cabinet Member
for the Environment, Heritage and Planning. The attendance of myself and other
councillors was vetoed by the Leader of the Council.
6. Unauthorised
development on land adjacent to the Kelliers
At the last two meetings, I reported how land immediately to
the east of the Kelliers was being developed without planning permission and
that the landowner had put three caravans into the site, and that I had been in
regular contact with the Council’s enforcement officer.
I can confirm that a total of six caravans have been moved
onto the site and a number of them are being lived in. I understand from one of
the enforcement officers that the occupants of the caravans are migrant
labourers.
I have repeatedly challenged the Council to take enforcement
action, but this has not happened because the owner of the land has stated that
he is in the process of putting in a planning application.
7. Budget cuts
The unitary authority will be holding its Full Council
meeting on 25th November, when cuts totalling £196 million put forward by the
ruling Liberal Democrat and Independent Cabinet will be considered.
The situation is grim and many of the cuts are extremely
unpalatable. The figure of £196 million would be spread over four years and is
based on assumptions about the ongoing level of central government cuts. The
impact of such cuts on its shrunken financial base will be to further undermine
the ability of Cornwall Council to provide basic services that local people
should have a right to expect.
I will report back at tonight’s meeting.
8. Mobile library
I have previously reported that in the near future, Cornwall
Council’s mobile library service will be restricted to a single library van
that will visit locations once a month.
The present list of potential stops include Indian Queens,
Pedna Carne and Summercourt. I have also requested that there is an additional
stop at Fraddon and will report back when I have more information.
9. Property
Level Protection schemes
As noted in previous monthly reports, eight properties in St
Enoder Parish, which were flooded during the last two winters, are benefiting
from the Property Level Protection scheme. The works have been completed at
four of the properties. However, there have been delays at some of the
remaining homes and I am actively chasing the contractors to seek assurances
that the works will be completed soon.
10. Works on the
local road network
I am continuing to liaise with Cornwall Council in relation
to improvement works on local roads. A number of further problems have been
brought to my attention (eg. need for patching in Harvenna Close, Fraddon) and
I will report back more fully in my next monthly report.
11. Inquiries
Throughout the last month, I have also helped numerous
people and local organisations with advice and guidance on a wide range of
issues. These included problems relating to traffic, housing, drainage and vegetation.
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