concern - how the developer will be made to clean up contaminated soil at Otterpool

From: COLLINS, Damian <damian.collins.mp@parliament.uk>
Subject: RE: RE: Otterpool
To: "Mavis Turton" <mavis.turton@btinternet.com>
Date: Monday, 13 June, 2011, 15:39

Thank you.  You might like to know that following receipt of your copy email to Niall Connolly I wrote to Caroline Spelman.  I am currently awaiting her reply but when it arrives I shall make sure you have a copy.

Sincerely

Damian Collins

From: Mavis Turton [mailto:mavis.turton@btinternet.com]
Sent: 13 June 2011 15:02
To: ronald@millenniumtrust.co.uk; dave@davemotley.co.uk; Margaret Ludlow; leslie barratt; COLLINS, Damian
Subject: Fw: RE: Otterpool

Please find attacched my letter to Andrew Pearce of the Environment Agency Regards,Mavis Turton From: Mavis Turton <mavis.turton@btinternet.com> Subject: Fw: RE: Otterpool To: andrew.pearce@environment-agency.gov.uk Date: Monday, 13 June, 2011, 15:00 Dear Mr Pearce, I am sending you a copy of an e mail I sent to Niall Connolly, regarding the construction if a waste site and anaerobic digester facility at Otterpool Quarry, Sellindge, Kent. My e mail is largely self explanatory.  We are deeply concerned that the developers, Countrystyle Developments, will not be made to clean up the great amount of soil pollution we found at the site shortly before planning permission was granted by KCC. The Environmental Permission, which would have been sent before the KCC Planning was granted, stated that the site should be cleared of pollution accumulated from the previous use of the site (quarrying), but it does not seem to address the problem of the 30,000 or so gallons of waste oil and creosote was dumped at the site, and I would have thought that this was unauthorised, illegal, and not necessarily put as a cost on the Bills of Quantities of the developer.  In other words, I do not think that KCC were aware of the scale of pollution. The clean up would involve the removal and clean up of the offending soil, and this would of course cost thousands of pounds.  I know that the onus of cleaning the soil falls upon the owner of the land, and that this must be done prior to construction work commencing. The pollution has been there for some considerable time, and the surface soil still smells of the waste oil dumped there. I have been given your name by another member of the Sellindge Residents Association, as being someone who is approachable and knowledgeable.  This is very important to us. I feel that we have been very badly treated by KCC for a number of unrelated reasons.  I do not trust the developer to behave properly in the matter, and I feel we need someone who realises the importance of the clean up operation, and who will oversee that it is done to the letter of the Law.  I would hope that either yourself, or some other independent agent would help us in this very serious matter. My kindest regards, Mavis Turton --- On Mon, 6/6/11, Mavis Turton <mavis.turton@btinternet.com> wrote: From: Mavis Turton <mavis.turton@btinternet.com> Subject: RE: Otterpool To: "NiallConnolly" <niall.connolly@environment-agency.gov.uk> Date: Monday, 6 June, 2011, 14:30 Dear Niall, I thought you might like to know that a delegation from The Sellindge Residents' Association were  invited to a meeting with Kent County Council's Planning Officers last week, and Mr Les Barratt, who is a qualified surveyor on our team, reported that there did not appear to be anyone representative of KCC who had any technical expertise. I am very worried about how the developer will be made to clean up contaminated soil at the Otterpool Quarry site, before construction commences.  It is reported that subsequent to the quarrying work finishing, approximately 30,000 gallons of waste diesel and creosote were dumped at the site, this being several years ago. The soil still smells of it.  It obviously contravenes everything DEFRA stands for, and I know that when a site is contaminated, or there is any overspill from the site into other land, the owner of the land has to pay for the taking away and cleaning up of the offending soil.  It may be that the oil was dumped there illegally and without authorisation.  My friend had the Environment Agency come to her house a while ago, (not near the Otterpool Quarry), because a farmer reported a smell of home heating fuel in his field.  My friend was told that if her fuel tank had leaked, she would have to pay for the clean-up.  Fortunately, it was not  her tank causing the problem. Reading the Environment Agency's permission  for work to go ahead, it states that the developer, Countrystyle, has to clean up spoil relating to the previous use of the site, namely quarrying.  It does not state that the developer has to completely clean the site of all contamination, from whatever source. I personally do not trust the developer to do this, as at the first meeting they attended at the Village Hall, they stated that there were only two other such waste sites, one in the Outer Hebrides, and the other in Northern Europe somewhere.  They really did not want us to be able to visit one of these facilities to see what was involved.  Greenfinch, another company dealing with waste, has at least one other in Nottingham, which we would happily have gone to see. I am very anxious that Defra and the Environment Agency should oversee the cleaning up properly.  It appears that KCC is the one to enforce your rules, but I do not think they truly know how to monitor this.  We really need someone from a government office to help us in this. I would be very glad of your help and advice on this matter.  The villagers are absolutely distraught that planning was granted, especially as there will be pollution from an extra 43,000 lorry movements per year through our village. KCC lost us forty million pounds in investing in the Icelandic Bank fiasco, and they seem petrified of refusing any development plan which could go to appeal.  Sharon Thompson, Head of Planning, stated that if the application was refused and went to appeal, it could cost KCC a "lot of money".  Recently, they allowed a planning application to a company allowing it to quarry for stone in an ancient woodland.  I doubt whether ANY application that could go to appeal will be refused, even though in our case, the Parish Council, the local District Council, the Kent County Councillor for Shepway, and our Member of Parliament,  Folkestone Racecourse, and many other businesses objected to the waste facility being allowed.  There was a petition signed by 96% of the local people as well. This seems to me to breach our human rights, and any vestige of Democracy is thrown out of the window.  It also seems very wrong that we, as a "third party" have no right of appeal. I was very sad to see that a member of our Residents' Association has put their house up for sale, and we have considered doing likewise, after living here for forty six years.  I myself have vowed never to vote again in any election, as it counts for nothing. I came to this decision after witnessing what went on at the metting at County Hall, when planning was passed for something nobody wanted, at least not in a village setting.  At 73 years of age, I have voted in every election since I came of age. With kindest regards, Mavis --- On Fri, 13/5/11, Connolly, Niall <niall.connolly@environment-agency.gov.uk> wrote: From: Connolly, Niall <niall.connolly@environment-agency.gov.uk> Subject: RE: Otterpool To: "Mavis Turton" <mavis.turton@btinternet.com> Date: Friday, 13 May, 2011, 10:05 Dear Ms Turton Sorry to hear that! I'm sure it's fine to open, however if you have any difficulties just let me know Kind Regards Niall Connolly From: Mavis Turton [mailto:mavis.turton@btinternet.com] Sent: 12 May 2011 18:04 To: Connolly, Niall Subject: Re: Otterpool Click here to report this email as spam. Dear Mr Connolly, Thank you for your letter.  However, as I was about to download it, a virus notice came up, so I was not prepared to open it. I shall forward this to someone who may know how to avaid the virus detected notice, but if not, I hope I amy come back to you Regards, Mavis Turton --- On Thu, 12/5/11, Connolly, Niall <niall.connolly@environment-agency.gov.uk> wrote: From: Connolly, Niall <niall.connolly@environment-agency.gov.uk> Subject: Otterpool To: mavis.turton@btinternet.com Cc: "Rigg, Karen" <KRIGG@environment-agency.gov.uk> Date: Thursday, 12 May, 2011, 11:17 Dear Ms Turton Further to your freedom of information request, please find attached correspondence on the Otterpool application. Kind Regards Niall Connolly Planning Liaison Officer 01732 223 111 Environment Agency, Orchard House, Endeavour Park, London Road, Addington, Kent ME19 5SH Information in this message may be confidential and may be legally privileged. If you have received this message by mistake, please notify the sender immediately, delete it and do not copy it to anyone else.   We have checked this email and its attachments for viruses. But you should still check any attachment before opening it. We may have to make this message and any reply to it public if asked to under the Freedom of Information Act, Data Protection Act or for litigation.  Email messages and attachments sent to or from any Environment Agency address may also be accessed by someone other than the sender or recipient, for business purposes.   If we have sent you information and you wish to use it please read our terms and conditions which you can get by calling us on 08708 506 506.  Find out more about the Environment Agency at www.environment-agency.gov.uk

From: Mavis Turton <mavis.turton@btinternet.com>

Subject: RE: Otterpool
To: "NiallConnolly" <niall.connolly@environment-agency.gov.uk>
Date: Monday, 6 June, 2011, 14:30

Dear Niall, I thought you might like to know that a delegation from The Sellindge Residents' Association were  invited to a meeting with Kent County Council's Planning Officers last week, and Mr Les Barratt, who is a qualified surveyor on our team, reported that there did not appear to be anyone representative of KCC who had any technical expertise. I am very worried about how the developer will be made to clean up contaminated soil at the Otterpool Quarry site, before construction commences.  It is reported that subsequent to the quarrying work finishing, approximately 30,000 gallons of waste diesel and creosote were dumped at the site, this being several years ago. The soil still smells of it.  It obviously contravenes everything DEFRA stands for, and I know that when a site is contaminated, or there is any overspill from the site into other land, the owner of the land has to pay for the taking away and cleaning up of the offending soil.  It may be that the oil was dumped there illegally and without authorisation.  My friend had the Environment Agency come to her house a while ago, (not near the Otterpool Quarry), because a farmer reported a smell of home heating fuel in his field.  My friend was told that if her fuel tank had leaked, she would have to pay for the clean-up.  Fortunately, it was not  her tank causing the problem. Reading the Environment Agency's permission  for work to go ahead, it states that the developer, Countrystyle, has to clean up spoil relating to the previous use of the site, namely quarrying.  It does not state that the developer has to completely clean the site of all contamination, from whatever source. I personally do not trust the developer to do this, as at the first meeting they attended at the Village Hall, they stated that there were only two other such waste sites, one in the Outer Hebrides, and the other in Northern Europe somewhere.  They really did not want us to be able to visit one of these facilities to see what was involved.  Greenfinch, another company dealing with waste, has at least one other in Nottingham, which we would happily have gone to see. I am very anxious that Defra and the Environment Agency should oversee the cleaning up properly.  It appears that KCC is the one to enforce your rules, but I do not think they truly know how to monitor this.  We really need someone from a government office to help us in this. I would be very glad of your help and advice on this matter.  The villagers are absolutely distraught that planning was granted, especially as there will be pollution from an extra 43,000 lorry movements per year through our village. KCC lost us forty million pounds in investing in the Icelandic Bank fiasco, and they seem petrified of refusing any development plan which could go to appeal.  Sharon Thompson, Head of Planning, stated that if the application was refused and went to appeal, it could cost KCC a "lot of money".  Recently, they allowed a planning application to a company allowing it to quarry for stone in an ancient woodland.  I doubt whether ANY application that could go to appeal will be refused, even though in our case, the Parish Council, the local District Council, the Kent County Councillor for Shepway, and our Member of Parliament,  Folkestone Racecourse, and many other businesses objected to the waste facility being allowed.  There was a petition signed by 96% of the local people as well. This seems to me to breach our human rights, and any vestige of Democracy is thrown out of the window.  It also seems very wrong that we, as a "third party" have no right of appeal. I was very sad to see that a member of our Residents' Association has put their house up for sale, and we have considered doing likewise, after living here for forty six years.  I myself have vowed never to vote again in any election, as it counts for nothing. I came to this decision after witnessing what went on at the metting at County Hall, when planning was passed for something nobody wanted, at least not in a village setting.  At 73 years of age, I have voted in every election since I came of age. With kindest regards, Mavis