Stonehenge Farm application: the refusal

We have now received a text for the motion that was passed at the Planning and Regulation Committee on 24 November 2008 refusing permission for sand and gravel extraction at Stonehenge Farm, Northmoor. The text seems to omit one word, presumably "from" as indicated below by italic text in square brackets.

The motion refers to some policies: MWLP policy PE7 and WOLP policies NE8 and NE9. "MWLP" stands for "Minerals and Waste Local Plan" and "WOLP" stands for "West Oxfordshire Local Plan". These policies are quoted here for convenience.

The motion refusing permission:
That planning permission for the development proposed in Application 07/0111/P/CM be refused for the following reasons:

1. It has not been sufficiently demonstrated to the satisfaction of the County Planning Authority that the impact of the proposed development would not increase the risk to people, property and businesses arising [from] additional flood risk.
2. That routeing agreements have proved ineffective in the past and in practice.
3. The development is contrary to MWLP Policy PE7 and WOLP NE8 and NE9.

MWLP policy PE7 (see Annex 4 - MWLP policies)

In the floodplain proposals for mineral extraction and restoration should not result in the raising of existing ground levels. Mineral extraction or restoration by landfill should not adversely affect groundwater levels or water quality, impede flood flows, reduce the capacity of flood storage or adversely affect existing flood defence structures. The developer and/or landowner will be expected to undertake any hydrological surveys necessary to establish the implications of a proposal.

POLICY NE8 - Flood Risk:

New development or intensification of existing development will not be permitted within areas at risk from flooding which is likely to:

1. impede the flow of water;
2. result in the net loss of flood plain storage; or
3. increase the flood risk elsewhere.

Within areas at risk of flooding an appropriate Flood Risk Assessment must be undertaken when preparing development proposals.

POLICY NE9 - Surface Water:

New development or intensification of existing development will not be permitted where the additional surface water run-off would result in adverse impacts such as an increased risk of flooding, river channel instability or damage to habitats, unless appropriate attenuation and pollution control measures are provided.

A result! Stonehenge Farm application rejected

The Planning and Regulation Committee today voted 8-6 to reject the Stonehenge Farm application. This came after a long debate - should they or should they not wait for the WODC Final Flood Report and the joint Strategic Flood Risk Assessment. In the end the Committee voted unanimously not to defer again, and then adjourned to decide how to frame a motion to reject. When they returned, they quickly voted by 8-6 with one abstention to reject the application.

The Committee swiftly moved on to the next item on the Agenda, and we all emerged blinking into the twilight like the political prisoners set free in Beethoven's opera Fidelio, scarcely able to believe that it really had happened.

This was a wonderful result, and OUTRAGE is immensely grateful to the many, many people who have helped to bring it about.

Of course, in the end it's just like the opera - not done till the fat lady sings - Hanson may well appeal. But for now, it's the interval, and we can enjoy what we have all along been trying to save.

The OCC Planning and Regulation Committee have twice resolved to defer their decision on the Stonehenge Farm application – on 19 May 2008, and again on 21 July 2008, when they resolved that they would defer “until such time as the final West Oxfordshire District Council Strategic Flood Review was published”. The Committee explicitly rejected suggestions that the decision should be deferred to the next meeting or to any specific date.

Since 2004, when the current episode of the Stonehenge Farm saga was first trailed by Hanson Aggregates, OUTRAGE has consistently argued that the application is flawed and inconsistent with the Council's own policies. In particular OUTRAGE has argued that the floodplain at the confluence of two rivers is the wrong place to put a massive quarry.

Until recently the Environment Agency has refused reasonable requests by OUTRAGE that the applicant should be required to do the kind of modelling that would allow us to understand how the Stonehenge Farm quarry would change the flood risk for Moreton, Standlake and Northmoor. But the Environment Agency appears now, from an email it has recently sent to OUTRAGE, to be reconsidering its position.

Since 2004, the floods of July 2007 have demonstrated that the risks are severe, and that there is very little margin for error. That is why members of the Committee decided that they should not determine this application until West Oxfordshire District Council had published their 2007 Flood Review.

OCC has in any case commissioned, together with WODC and Cherwell District Council, a Joint Strategic Flood Risk Assessment which is due to be published in early December. This document will specifically address the impact of further mineral extraction in the Lower Windrush Valley floodplain.

The Joint Strategic Flood Risk Assessment is itself part of the new Local Development Framework which OCC is constructing after its earlier proposals were rejected by GOSE, (Government Office for the South East).

OUTRAGE has argued in its responses to this application that there are good planning reasons why it should be rejected, and that the Minerals Planning officers of OCC have

• failed to give the Planning Committee a fair account of the arguments against the application
• misrepresented the extent to which the area has already suffered from the cumulative impact of decades of mineral extraction so that a new quarry is inconsistent with the Oxfordshire Structure Plan 2016
• failed to require the applicant to evaluate alternative sites and market requirements as required by planning law

Nothing has happened since 21 July to change the situation or to tilt the argument in favour of this application. The arguments for rejecting it remain as valid as ever.

Solicitors for OUTRAGE have now written to OCC stating that to proceed now without the WODC Report, the Joint Strategic Flood Risk Assessment and the further information to be produced by the Environment Agency would be unacceptable and probably unlawful.

Our barrister Harry Wolton QC has agreed to address the Planning and Regulation Committee when it meets on 24 November.

It is very important that the committee should be exposed to public scrutiny on 24 November. If they decide to overturn their previous resolutions we should make sure that they do so in the public gaze. If they do decide to settle this question, we can encourage them to settle it in the only way that will protect our countryside and our villages.

Meanwhile ...
Come and have some fun at the Family Fundraiser at Northmoor Village Hall on 22 November

Our Fundraising campaign has been a great success. The attempt to nullify the majority votes of the OCC Planning Committee means that legal representation is now more important than ever. Your contributions have made it possible for OUTRAGE to instruct both our solicitors and our QC. We want to thank everyone who has helped in any way - by giving donations, by buying and selling raffle tickets and by buying Family Fundraiser tickets. There are still tickets available for this event. It'll be a great evening out, with wonderful food, music and dancing - and of course the Grand Raffle Draw with lots of fantastic prizes. Please come along and bring your friends.

No Flood Report, but Stonehenge Farm on agenda

From the OCC Planning and Regulation Committee papers it appears that the Stonehenge Farm application is on the agenda for Monday 24 November 2008, despite the fact the WODC flood report has not yet been published, and despite the fact that the committee resolved on 19 May 2008 and 21 July 2008 that it would "be deferred until such time as the final West Oxfordshire District Council Strategic Flood Review was published". OCC's officers now recommend that this resolution to defer should be rescinded.

OUTRAGE and the Stonehenge Farm Application

OUTRAGE stands for "Oxford Upper Thames Residents Against Gravel Extraction". We are a community group who have campaigned for more than 30 years to prevent and limit gravel quarrying in the area that surrounds the confluence of the River Windrush and the River Thames near the ancient bridge at Newbridge.

The particular focus of our campaign at present is the application by Hanson Aggregates to quarry sand and gravel at Stonehenge Farm, Northmoor.

The OUTRAGE Fundraising Campaign

It is expected that the Final 2007 Flood Report will shortly be published by West Oxfordshire District Council, and that Oxfordshire County Council will therefore place the Stonehenge Farm Application on the agenda of the Planning and Regulation Committee meeting on 24 November 2008.

Meanwhile, OUTRAGE are gearing up the campaign. We have sought the opinion of a QC with experience of minerals applications and have been advised by him that we have a good case against Oxfordshire County Council. Together with the firm of solicitors who have advised us in our case against the Environment Agency, our QC will write a legal opinion on our behalf to all members of the OCC Planning and Regulation committee and will address the committee on the day itself.

All this will cost - but OUTRAGE believes that it will be a sum well worth paying. As laymen we have little power to move a Council so determined to favour this application. If we are to be taken seriously, our arguments need to be delivered by professional lawyers. For maximum impact, we believe that our QC is the man for the job.

WE appeal to you to help us raise the necessary funds. Our four-year campaign against gravel extraction at Stonehenge Farm is now facing its greatest challenge. The possibility of increased flood risk hangs in the balance, together with the fate of our roads, footpaths and countryside. We need to show that we are serious, that our opposition is real and that we will not be rolled over.

As part of our fund-raising campaign we are arranging a Grand Raffle with a top prize of £500, plus other prizes including a case of wine from the Oxford Wine Company’s own vineyard donated by Ted Sandbach, a Northmoor lamb (ready to freeze) donated by Julia & Graham Shelton, a meal for four at the Black Horse, Standlake, donated by Andy & Debbie Jones, a round of golf at Frilford Golf Club donated by Luke List, and a meal for two with a bottle of champagne at Pierre Victoire in Little Clarendon Street, donated by Claire Harvey. Many thanks to all our donors.

Raffle tickets will be £2 a ticket and the Grand Draw will take place on the evening of 22 November 2008 at Northmoor Village Hall.

A prize of chocolates and champagne will be given to whoever sells the most tickets.

Monetary donations of any amount, large or small, would be very much appreciated. They should be made payable to OUTRAGE and sent to our Treasurer:

John Downes, Greenfields, Church Road, Northmoor, Witney, Oxon, OX29

PLEASE HELP US TO SAVE OUR VILLAGES!

OUTRAGE

outrage@thegreen.co.uk