Proof of Evidence draft 11 as appeal with withdrawn
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TOWN AND COUNTRY PLANNING ACT 1990
Appeals by Blunts Farm Estates Limited against enforcement notices dated 25th January 2006 and 4th August 2006.
Relating to land at Blunts Farm, Coopersale Lane, Theydon Bois, Essex.
STATEMENT OF CASE UNDER RULE 6
Introduction
During the summer of 2005, concerned, initially about damage to the local environment caused by an excessive number of lorries on the Abridge Road en route to tip at Blunts Farm, and at the suggestion of Theydon Bois Parish Council, a group of local residents formed the Theydon Bois & Abridge Action Group (TBAAG). The Group now campaigns locally for the protection of the Metropolitan Green Belt.
TBAAG will urge the Secretary of State to uphold the Enforcement Notices and dismiss the appeals. In the knowledge that Epping Forest District Council are best equipped and resourced to argue the fine legal aspects of the enforcement notices and appeals. TBAAG will concentrate on, and provide evidence, regarding;
1 Background to Blunts Farm Estates Limited.
2 Damage to the local Metropolitan Green Belt.
3 The volume of materials imported to the site.
4 Loss of amenity to local residents.
5 The development at Blunts Farm will not be a benefit to the area.
6 Local opinion.
7 Conclusion.
1 Background to Blunts Farm Estates Limited.
1.1 The developer has in effect operated a landfill site on Metropolitan Green Belt while avoiding the appropriate planning and environmental controls by claiming the so-called golf course exemption.
1.2 It seems that the main business objectives / methodology of the operation was / are to profit from the importation of spoil. The completion and operation of a golf course / leisure complex was secondary to this. The developer has used the same methodology elsewhere.
1.3 The developer has purposely misled residents and EFDC both here and in the locality of Blakes Golf course, formerly Ongar Park Golf course, North Weald.
1.4 The developer has denied the exchequer income from landfill tax.
2 Damage to the local Metropolitan Green Belt.
2.1 The site was originally unspoilt Metropolitan Green Belt. It was gently contoured, attractive rural, undeveloped grazing land.
2.2 The developer has covered the entire site with building / demolition waste / spoil.
2.3 Materials, other than those permitted, have been dumped on the site.
2.4 Deposited waste is potentially a danger to all.
3 The volume of materials imported to the site.
3.1 The operation commenced during the spring / summer of 2003 and ceased on 12 January 2006, when the Environment Agency withdrew the developer's Waste Exemption Certificate.
3.2 An average of 250 lorries (making 500 round trips) were dumping at the site daily, 6 days per week, 50 weeks per year for 2 ˝ years. Lorries were delivering to the site from 6.30 am.
3.3 The high numbers of lorry movements indicate that in excess of 1.7 million cubic metres of spoil have been deposited on the site. An amount well in excess of that required to meet the contours of the golf course in the planning application.
3.4 There is sufficient topsoil on the site to complete the project.
3.5 There had been no changes of levels on the site by the previous owner.
4 Loss of amenity to local residents.
4.1 At times Public Footpaths have been blocked without proper notice and traditional open countryside has been denied to residents and visitors. The good visual aspects from the footpaths and surrounding areas have been ruined.
4.2 Operations on the site and its current condition with extremely deep excavations untypical of those needed for golf course construction constitute a danger to the public.
4.3 Residents perceive that mud and debris distributed on the B172 created additional hazard on an already notoriously dangerous road, with no speed restrictions, no pavements and no lighting.
4.4 The public was exposed to direct and indirect danger from lorries and their effects, and would be again should tipping recommence.
4.5 Road access to the site necessitates lorries approaching from Abridge, a conservation area. The heart of the village is too small to stand this scale of traffic volume.
4.6 The listed bridge, over the river Roding at Abridge is too narrow to accommodate this type of traffic in any sort of volume.
4.7 Residents that live on the route, especially those that live in Abridge are concerned that the extreme volume of heavy traffic have caused damage to their properties.
4.8 Roads were damaged by lorries.
5 The development at Blunts Farm will not be a benefit to the area.
5.1 The locality is (and was) already well served with golf courses, there being twenty four within a 5 mile radius and all are well established.
5.2 Many of the existing courses are currently advertising for members.
5.3 None of the other local golf courses were constructed with spoil, apart from Blakes Golf formerly Ongar Park Golf.
6 Local opinion
6.1 Local opposition to further importation to the site is strong as evidenced by.
i Over 700 names to a petition. Nomoredumpingatparsonage@yahoo.co.uk
ii Over 300 letters of objection to new application EPF/2195/06 which required approximately an additional 32,000 return HGV movements.
iii Many letters to the Planning Inspectorate supporting Enforcement Notices.
7 Conclusion
We urge the Planning Inspector to strongly consider the submission of TBAAG, along with the views, opinions and concerns of residents living in the villages of Theydon Bois and Abridge. Peoples’ lives have been blighted by the activities of this developer. During the offending periods, there has been a significant compromise of general health and safety, as well as to property, roads, wildlife, the countryside and the environment.
This area of Metropolitan Green Belt has been permanently compromised.
We would ask that the Secretary of State dismiss these appeals.
List of Documents
Extracts from Statutory Instrument 2005 No. 1728
The Waste Management Licensing (England and Wales)(Amendment and Related Provisions)(No. 3) Regulations 2005 ISBN 0110730259. Table 4AB.
Extracts from www.environment-agency.gov.uk:80/subjects/waste/1416460/1334460/1416503/1418925/
Extracts from Review of Exemptions from Waste Management Licensing A Discussion Paper March 2007.
www.defra.gov.uk/environment/waste/management/exemptions/pdf/exemptions-discussion.pdf
Environment Agency NIRS Reports for Blunts Farm.
Road survey conducted by Mouchel Parkman for Essex County Council on 9 June 2005.
Extracts from Guardian newspaper articles from August 2001 - 2007.
Extracts from Ongar & North Weald Gazette 2006 – 2007
Extracts from letter from Swan Golf Designs dated 21 May 1999.
Letter dated 23 June 2003 to Cllr. John Eaton Chair TBPC.
Letter dated 23 July 2003 to Ivan Le Gallais, Head of Planning Services
EFDC.
Letter dated 19 January 2006 from Innes Jones NE Area Manager Thames Region, Environment Agency.
Letter dated 27July 2006 from Baroness Andrews, Parliamentary Under Secretary of State, Department for Communities and Local Government.
Letter dated 14 December 2006 from Sir John Harman Chairman Environment Agency.
Letters dated 11 April 2007 and 24 July 2007 from Mr W Axon, the previous owner of Blunts Farm.
Letter dated 10 May 2007 to Patrick Duffy, Principal Planner, Hepher Dixon reference PL/2689 & ENF/243/05.
Letter dated 11 May 2007 from Lorna Biggins The Planning Inspectorate.
Letter dated 4 June 2007 from Lesley Balkham HM Inspector of Health and Safety.
Letter dated 20 June 2007 from John Scott, Joint Chief Executive EFDC.
Letter dated 10 August 2007 from DEFRA.
Email from Dave Lane Engineer (Maintenance) West Area Highways & Transportation Essex County Council dated 17 February 2006.
Email from Trevor Stubbington Traffic Management Officer Essex Police
dated 30 October 2006, 3 November 2006 and 25 September 2007.
Email from Mr Jim Nolan, Environmental Health EFDC dated 23 November 2006.
Email from Mr Jim Nolan, Environmental Health EFDC dated 24 September 2007.
Photographs taken between 2003 - 2007.
Video tape recordings 2005.
Extracts from Channel Five News 26 September 2007.
youtube footage uk.youtube.com/results?search_query=theydon+bois&search=Search
Police statement 12 January 2006.
Extracts from the minutes of the EFDC Ongar Park and Blunts Farm Ongar Park and Blunts Farm Golf Courses -Ad Hoc Special 20 November 2002 – 22 April 2004.
Extracts from the minutes of the EFDC Overview and Scrutiny 2 Committee dated 20 July 2004.
Extracts from the minutes of EFDC Area Plans Sub Committee ‘B’ 8 December 2004
Extracts from the minutes of EFDC Area Plans Sub Committee ‘C’ Supplementary Agenda 15 December 2004
Extracts from EFDC Area Plans Sub Committee ‘B’ 9 March 2005.
Extracts from EFDC Supplementary Committee Agenda, District Development Control Committee 17 January 2006.
Extracts from the minutes of Theydon Bois Parish Council public meetings.
Report by Roger Gibbs Footpath Secretary for the Epping Forest District Ramblers’ Association, on the public paths affected by developments at Blunts Farm.
Extracts from Landfill Tax, a general guide to landfill tax HM Customs and Excise, Notice LFT1, May 2004.
Extracts from Liberal Democrats Focus magazine, September 2005
Planning Inspectorate Decision Notice APP/J1535/A/06/2024334.
Planning Inspectorate Decision Notice APP/J1535/A/07/2034597.
EFDC Enforcement Notice, appeal reference APP/J1535/C/07/2044672.
Extracts from records held at Companies House.
Extracts from emails received to the 718-signature e petition nomoredumpingatparsonage@yahoo.co.uk
TBAAG submission to Planning Inspectorate under references 2010400 and 2010384.
NB TBAAG reserves the right to add to these documents in the light of the appellants’ further submissions and otherwise.