PLANNING INSPECTORATE
FREEDOM INFORMATION
ACCESS APPEALS REGISTER.
ABEYANCES GALORE SINCE 2004! Authorised abeyance ended 31 December 2008 (AS I POINTED OUT!) Planning Inspectorate agree abeyance 13 MAY 2009 (from October 2004!!) Cemex say WCC have finally agreed Planning Permission of 3/4/07 and hazardous waste bypass lorry routing agreement, but not signed! EA cannot grant IPPC permit as CELL 4 has no planning permission - yet! Constant stream of abeyances since April 2005 "to get planning permission from WCC; to get IPPC permit from EA; to have time to build new landfill CELL 4; to submit closure notice for (unlawful?) CELL 3 - cannot legally submit CLOSURE NOTICE while CELL 3 is still under appeal!
INSULTATION SECRET PROCESS
FOR 4 YEARS BY EA AND PI UNTIL TODAY. EA PR STILL CONTAINS NO INFORMATION ON SOUTHAM EXISTING HAZARDOUS WASTE LANDFILL CELL 3! STATUTORY CONSULTEES -SOUTHAM/STRATFORD/RUGBY BC still left out of the so-called CONSULTATION for 2006 IPPC APPLICATION for CELL 4.
No-one been properly consulted as the ENVIRONMENT AGENCY HAS REFUSED ALL ACCESS to the PUBLIC REGISTER.
CELL 3 landfill "appears" to have no planning permission and no operating permission - so they HIDE all the information!
SUMMARY18/04/05 EA to PI: "This appeal to the Secretary of State is against a decision of the EA to issue a landfill Permit no BV1666IX dated 14 October 2004 to carry on in respect of a Schedule 1 Section 5.2 A (1) (a) activity, disposal of waste in a landfill at Southam Long Itchington Warwicks. 21/04/05 start date. "The EA has agreed.
WHILST THEIR APPEAL IS LODGED THE APPELLANTS ARE ABLE TO OPERATE UNDER THEIR WASTE MANAGEMENT LICENSE. These PUBLIC REGISTER papers will be held at the EA office!" OH really?
ABEYANCE NOT ALLOWED INDEFINITELY!
21/02/06 How many years are they permitted to go on in ABEYANCE and working under WML - how many extensions? Does this WML include the dumping of hazardous waste? They have NO valid planning permission - infringing EU Law! QUOTE: "The PI DOES NOT AGREE TO INDEFINITE ABEYANCE, but if the EA is in agreement and the PI agrees that PROGRESS IS BEING MADE, and specifically in this case a second PPC application is being made the abeyance in the Inspectorates' opinion is appropriate. The Southam works landfill site would be able to accept waste in accordance with their WASTE MANAGEMENT LICENSE. (Check with EA public register for SPECIFIC TYPES) An IPPC Permit cannot be issued until an appropriate planning permission is in force. However IF the parties do not come up with sufficient reasons for abeyance for both sites we may point out to them that the appeals have to proceed as APPEALS CANNOT BE PLACED IN ABEYANCE INDEFINITELY."
CLOSURE OF EXISTING CELL 3 SOUTHAM HAZARDOUS WASTE?
" The EA discuss LONGER TERM CLOSURE of LANDFILL SITE that is subject to the appeal but CLOSURE NOTICE cannot be issued while under appeal but a closure report could be produced."
A review October 2007 of long term management to EA, following agreement of a CLOSURE REPORT for RUGBY LANDFILL. No feedback and as SOME OF THE OPTIONS IN THIS REPORT WILL IMPACT ON THE CLOSURE OF THE LANDFILL AT SOUTHAM therefore Cemex is not in a position to progress a CLOSURE REPORT for Southam at this stage". Where can anyone see this?
PUBLIC REGISTER REQUEST 29/01/08 access for this case. NO! This appeal not yet been decided - AND IF YOU WISH TO SEE THE PUBLIC REGISTER FOR THIS CASE I SUGGEST YOU CONTACT LOCAL EA OFFICE. All boxed up at Tewkesbury! Files left BY MISTAKE at the Tewkesbury office! Finally AT Lichfield on Friday 6 February 2008 - NOTHING on the EA files at all about this appeal.
Denied access to information.
SECRET PROCESS
03/03/08 Please can I see the files? EA have NO INFORMATION only a file years out of date! Despite repeated requests and another two visits to the EA office LICHFIELD they REFUSE to make any papers available.
PI: "To obtain information you have to make a request under the FOI requests scheme and you MAY BE ABLE TO OBTAIN INFORMATION"
Abeyance until 30 June 2008. 24/06/08 CEMEX: EA request extension to PPC application due to KNOCK ON EFFECT BY WCC - legal requirement not met - no planning permission!
ENVIRONMENT AGENCY - WCC LATEST:
12 /02/09 "EA is minded to issue a PPC permit and has drafted a permit and decision document to that effect. However we are unable to issue a permit until planning permission is received so the application remains on hold. We would therefore request an extension to the abeyance period for a further THREE MONTHS."
POSITION REGARDING REPEATED ABEYANCE
"Abeyance periods for appeals is not unusual and reasons can differ, but most common is continuing dialogue between parties which could lead to the appeal being withdrawn. Often this dialogue can become protracted and takes time (in some cases years). PI are here to process appeals. Whilst there is the possibility that agreement can be reached between parties then we are able to keep a valid appeal (for which this is one) in abeyance for as long as both parties are in agreement to do so. It would not be beneficial to anyone for us to force both sides to come to a Hearing or Inquiry to be heard and a decision to be made, when neither currently wants to follow that course of action, and is therefore seeking positive dialogue. We can only continue as we are currently.
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