New planning application submitted

You may have thought that, because everything had gone very quiet in the last few months, nothing more was going to be heard of Provectus and their opencast mining plans.

I’m afraid you were wrong, Provectus Remediation Ltd have at last got around to submitting their revised application.

Back in September it was announced that they were withdrawing their application because of a procedural defect but would immediately re-submit it in essentially the same form, save for the corrected notices and technical updates. (See previous post)

It’s taken them nearly five months to get around to it!

The new application has now been validated and the documents are available on the DCC Planning website (application code: CM4/1215/125).

The Planning Authority are expected to commence a 21 day consultation exercise in the near future (notices will appear on local telegraph poles).

We will be carefully analysing the new application documents in the next few days to see if there are any substantial changes and will then decide whether we need to submit any new objections.

Hopefully the application will now move quickly to being presented to the Planning Committee and a decision finally made.

We will keep you informed of developments.

Application Withdrawn…

…but to be resubmitted straight away!

We recently submitted what we thought were our final objections anticipating that the application would soon be going before the Planning Committee for a decision.

How wrong we were!

On Thursday 3 September Provectus Remediation Ltd announced that they were withdrawing their application because of a procedural defect but would immediately re-submit it in essentially the same form, save for the corrected notices and technical updates.

So we’re nearly back to square one!

We have been assured by the DCC Planning Department that all the objections sent in by Hilltop Action Group and hundreds of local residents will be carried forward to the new application. We do not need to resubmit them.

Provectus Remediation Ltd have been instructed to make clear any significant changes in their resubmitted documents. We will still need to check them carefully.

Once the new application is in, DCC Planning Department will have to go through another publicity and consultation exercise.

The assessment of the application should be carried out within 13 weeks so the December Planning Committee Meeting looks likely.

This all looks like another example of incompetence on the part of Provectus Remediation Ltd.

Article 11 of the Town and Country Planning [Development Management Procedure] [England] Order 2010 requires that  ‘an applicant for planning permission shall give requisite notice of the application to any person (other than the applicant) who on the prescribed date is an owner of the land to which the application relates, or a tenant‘.

In their statement they say that for reasons beyond the control of Provectus some of the notices … had not been served.

Yet the regulations clearly state it is the obligation of the applicant to serve the notices.  If they weren’t served it was because they didn’t do it – they can’t try to put the blame on someone else.

How many more things can they get wrong?

  • Licence for exploratory drilling obtained retrospectively
  • Mineral Application Form incorrectly and misleadingly filled in
  • Out-of-date cross-section diagrams submitted
  • Ignoring the watercourse that runs through the middle of the proposed coal processing area
  • etc, etc

We’ll let you know when the new application is in and whether there appear to be any significant changes to their proposals.

Petition Presentation

Protest-Presentation webSupporters of Hilltop Action Group today met at Derbyshire County Council Offices in Matlock to present a petition to the Council.

Norman Humprhys organised a team of volunteers at the end of 2014 to canvass all the houses within 1km of the proposed Hilltop Opencast site. They did a sterling job in often terrible weather and collected over 1600 signatures – very few refused to sign.

Cllr Dean Collins ((Highways, Transport and Infrastructure) met us on the front steps to receive the petition from Norman.


This petition, along with well over 200 letters of objection already submitted by local residents to the planning authority, demonstrates the strength of local opposition to the proposed scheme.

We are still waiting to hear when the application will be put before the planning committee for a decision, but anticipate it will be sometime this autumn.

Planning Committee meetings are scheduled for:

  • Monday 7 September
  • Monday 5 October
  • Monday 9 November

The committee are likely to make a site visit in the morning with the formal meeting in the afternoon at Derbyshire County Council offices in Matlock.

We will probably only get a few days notice of the meeting so will have to move quickly to get everyone organised. A representative sample of objectors will be invited to address the meeting (three minutes each).

We want as many as possible to attend the meeting so that councillors on the Planning Committee are aware of the strength of local opposition when they make their decision.

Make a note of these dates and try to keep them free so that you can be there.


More objections submitted by Hilltop Action Group

The Hilltop Action Group committee have submitted two more objections to Derbyshire County Council today.

15  Regulation 22 Documents

A statement that the documents recently submitted by Provectus Remediation Ltd merely rectify some of the many errors, omissions and discrepancies Hilltop Action Group identified in the original submission of October 2014. There have been no material changes to the proposal. Hence, all objections previously submitted by Hilltop Action Group are still relevant.

Click here to read the full document

16 Community Benefits

Discussion of the proposed community Benefits and a statement that the proposal provides no local or community benefits which could possibly outweigh the likely impacts to justify the grant of planning permission.

Click here to read the full document

Revised documents submitted by Provectus

Provectus Remediation Ltd submitted new documents to the Mineral Planning Authority on 15 May 2015. This was in response to the request made by the planners back in January. These had originally been expected by the end of March but, as usual, Provectus were dilatory in responding.

The new documents can be seen on the planning website.

We now expect Derbyshire County Council to run another consultation exercise to allow the submission of new objections and comments (the details should appear on notices on local telegraph poles).

Hilltop Action Group have looked carefully at the documents and can find nothing which substantially changes the application. They merely rectify some of the many errors, omissions and discrepancies in the original submission.

Most of the concerns and objections raised by Hilltop Action Group and others have not been addressed.

  • noise levels predicted to be above the recommended maximum of background + 10dBA
  • health concerns due to dust
  • site safety
  • visual impact
  • slope stability due to old mine workings and proximity to A61
  • hydrological impact – residential properties on eastern fringe of site on strata above coal seams and therefore affected by groundwater drawdown
  • unprecedented proximity of so many residential properties, care homes, schools, nurseries, community facilities to the site

Hence all previously submitted objections are still relevant.

Hilltop Action Group will be submitting further objections in the near future.

If you have not yet submitted your objection, now is the time to do it.

If you have already submitted an objection, you might consider sending in a new submission stating the as the application has not materially changed you previous objection stands.

Site notices have now appeared on some telegraph poles. Information not very clear but it appears that the new consultation period runs until Thursday 25 June 2015.

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