SAVE WOOLLEY VALLEY

The Story so far

Update: 15/12/10

SWVAG Statement
 
The statement in the Bath Chronicle that the SWVAG is resubmitting its judicial review proposal is correct.
The original submission was based on BANES planning's position on the chicken sheds and assumed that BANES would take action on the other items at issue and for which planning was refused. These were access , temporary accomodation , further barn development and on any further groundworks as they advised in formal communications in May 2010. As no effective action has been taken the overall lack of enforcement and no comissioning of EIA (Environmental Impact Assessment) as part of European law these items will now be included in the submission. 
 
Richard Buxton  of "Richard Buxton Environmental and Public Law"
http://www.richardbuxton.co.uk/v3.0/ representing SWVAG Ltd has said...

"Regrettably we have had all kinds of cases against councils refusing to accept the relevance of European law, including indeed BANES against which we won a judicial review in relation to its misapplication of the same EU directive in February 2009. (The legal point was slightly different, albeit also in the context of cumulative impact, but as the judge said against BANES "50. This case is an example because, whether rightly or wrongly, there has never been any proper consideration as to whether it is indeed an EIA development.....")
However because the Council is, or should be, essentially "on-side", we genuinely do not understand why it is being so intransigent.
In the case of Woolley Valley the dispute is two fold: first, whether the chicken sheds are subject to the European directive on environmental impact assessment (EIA) (which we have found gives much sharper "teeth" to planning law) and secondly - the Council's failure to appreciate that for EIA purposes one is not allowed to look at these matters in isolation but as part of an overall development project.

One can never be sure, but we remain confident that the Council's position is untenable and will be held so in the Court (with a hearing likely in the early new year)".

A list of possible objections have been listed below in response to the current application from GVP.

   To see the online application  10/04188/FUL   Go to:

http://planning.bathnes.gov.uk/publicaccess/tdc/DcApplication/application_searchform.aspx


and type

“10/04188/FUL” into the top box then press “search” at the bottom of their page. (This should work)

Click on “submit comments” at the top of the pages to register your opinion.

 

Possible objections you could use:

1.       The stock pond has not always been there. It replaces a small water trough probably the size of a bath

2.       The need for a stock pond has not been demonstrated.

3.       There is no practical requirement for such a pond.

4.       The pond currently exists as an unauthorised development in breach of stop and enforcement notices, and in breach of an Article 4 Direction.

5.       The creation of the pond has already harmed the ecology of the valley and its continued existence will exacerbate this harm.

6.       The pond is not a natural feature in the land.

7.       The application states that the site cannot be seen from public road/footpath. It can be clearly seen from an adjacent public footpath (running from Charlcombe Grove Farm down to Woolley).

8.       Development of the Stock Pond neither conserves nor enhances the character, amenity or wildlife value of local watercourses and their corridors.

9.       A stock pond of this nature is unsuitable for alpacas - bad for fleece of alpacas, not to mention the spread of disease including bovine TB as the pond would be shared with wild life including badgers,

10.   Stock ponds can also assist the spread of diseases such as Johne’s disease and bovine TB, both of which can be carried by camelids, since wild animals such as badgers are likely to drink from them.

11.   The agent, Willis has admitted that this is a "farming-led property development scheme", ie. in effect a scam, in that it is admittedly trying to exploit planning law loopholes based on giving favourable treatment to agriculture, for a property development scheme by the backdoor. GVP are not serious farmers.

12.   When looking at the whole development, it looks like the Council has sided with the developer by choosing not to regulate what is in reality a very significant development.

13.   Development (the stock pond and the whole development) is in:

a.     A major part of the gateway to our World Heritage City

b.    Part of the Cotswolds National  Park

c.     An AONB

d.    An area deemed so sensitive as to have had an Article 4 designation applied to it; the only one on farmland in BANES.

e.     A Site of Nature Conservation Interest (Policy NE9 as per BANES Local Plan, Oct. 2007). It is also part of a Strategic Nature Area.

14.  Five retrospective Planning Applications have so far been refused for various reasons including the fact that the area which is accessed by single-track lanes and is close to three schools cannot safely accommodate any increase in traffic never mind the sort that will arise if intensive farming is allowed in this traditional livestock grazing environment.

15.    Stop and Enforcement Notices that were eventually initiated after a public outcry in the media have been flaunted and ignored by the Developer. The Planning Department appear/seem to have ignored photographic evidence of transgressions of the Notices by the Developer provided by local residents and the Parish Council as either not real or not relevant.

16.   This stock pond cannot feed any troughs as it is at a lower point than the other fields

17.   The volume of the stock pond is several 100 cubic meters, which means this is the equivalent of a few hundred tons of water when full. In an area which is known to be prone to subsidence the impact on the stability of the landmass is unknown, 

18.  It is unclear how the stock ponds will alter drainage, both above and through the soil. The relaying and alteration by GVP of the brook running down from Sopers Wood amplifies these uncertainties.

19.  The company (GVP) keeps ignoring planning regulations, issues of safety,
aspects and impact on the landscape, flora/fauna and local residents.

20.   In the light of the behaviour of the land owner so far, this application should be considered as part of a whole plan for the land and not as a piecemeal application.


UPDATE 25/10/10

There has been an increase in activity at The Meadows, with the moving of some chicken sheds alongside Woolley Lane and preparation of electric fencing around the site. However the insides of the sheds are still not fitted and thus not ready for chickens.

A new planning application has been submitted on the site, for the Northern end where the previous excavation has taken place. The application is a retrospective application for a stock pond which is already on site. If you would like to view or comment on this please use the following link.

http://idox.bathnes.gov.uk/WAM/showCaseFile.do?appNumber=10/04188/FUL

We will shortly be uploading some of our suggested comments in objection to the application.

There is an oral hearing which will take place mid November which we hope will grant us the Judicial Review.


UPDATE 28/09/10

There has been limited activity at The Meadows recently, and we are still awaiting information from the council with regards to their visit a few months ago.

UPDATE 9/09/10

Work continues at The Meadows, although there is little new information to report.

We have not yet received any information from the council regarding the outcome of the visit from enforcement or other issues such as the mobile home which we were previously told would be dealt with.

We are still awaiting the outcome of the Judicial Review process and whether we have permission to proceed with the case.

UPDATE 15/08/10

Work is still ongoing at the meadows. There have been vast amounts of work carried out with the arrival of another chicken shed.

We know there was a visit this week from enforcement but do not know the outcome of this. GVP were very busy working before the visit.

- What looks like a new track/trench is being created in the middle of the site contrary to the stop notice - so far it is around 150 yards long. The Stop Notice issued on 21st May explicitly states that activites forbid " the excavation of soil and surface materials from the land including the digging of pits and trenches and altering of the levels of the land.

- Further filling in of streams has been noted in the Northern part of the site (where the crayfish previously were). We are worried about what impact this is having on the environment and also the problems that this will cause with regards to flooding on the lane and neighbouring land.

- We are still awaiting news from the judicial review process.

UPDATE 30/07/10

More work has been carried out this week, with diggers returning on site. Trenches for the water pipe lines have been filled across the site and further work seems to continue on the Northern end of the site.

There has still been no indication that a second enforcement notice is being issued with regards to the mobile home or other works, even though BANES had said that this would be happening.

The papers for the Judicial Review process have been issued by the lawyers and we await news from the courts.


UPDATE 20/07/10

Work continues on site. Although we now expected the land in the North parcel of the site to be returned to previous levels we are not convinced that this is taking place.

The lorry loads of topsoil which were brought in on to the site have not been removed and now are meerly being 'spread' across the land and are being used to fill in and over streams and watercourses.

The stock pond is also being dug out to a greater depth. There is no permission for the stock pond in the first place, let alone excavating it deeper.

 

UPDATE 9/07/10

 

Woolley Strawberry Teas this year raised £2300!! Thank you to everyone who came, all the local businesses which supported us and the Friends of the Strawberry Teas and Friends of Woolley Parish for donating the money to SWVAG.

 

This Sunday, there is a fundraising walk around the area. £5 for the walk, and £5 for tea and delicious homemade cake in the village afterwards!

 

The walk starts in Woolley High Street at 2pm. Please come and join us here or at:

 

2:30 - Swainswick school

3:00 - Bladuds Head, Larkhall

3:45 - The Homestead, Woolley (for tea)

 

Work at The Meadows in Woolley continues…

Many tons of aggregate was delivered on site this week and there are diggers working on site – we are unsure however that the work they are doing is actually relating to the enforcement notice.

Lloyd is cycling from Woolley to Weston-Super-Mare on Sunday 18th July!!
Please visit his blog at
http://savewoolleyvalley.blogspot.com/

UPDATE: 2/07/10

The enforcement notice has now come into effect relating to the excavation and digging of land across the site.

GVP have started to work on the land carrying out aspects of the enforcement notice.

A further enforcement notice we have been expecting has still not yet been issued.

Strawberry Teas this Sunday 2-5pm, come and join!!!!!




UPDATE: 22/06/10

The enforcement notice is due to come into effect this week relating to the excavation and digging of land across the site. Whilst this is a positive step, it does not cover all the other work which has taken place on the site.

 

BANES still asserts that the 10 bungalow sized buildings to house 10,000 chickens are not development, do not require planning or an Environmental Impact Assessment.

BANES does not acknowledge there were breaches to the temporary stop notice despite public witness and photographic evidence to the contrary.

 

We did expect a second and separate specific enforcement notice on the changes to the barn and mobile home but as yet this has not been issued.

 

SWVAG has therefore had no choice but to relaunch the judicial review.

 

Thank you for your continued support.

 

DATES FOR THE DIARY:

Sun 4th July: Woolley Strawberry Teas in aid of Save Woolley Valley Action Group 2-5pm

WEEK-ENDING 6th JUNE:
Both parish councils issue letters of reply to the Council pointing out some errors in their Enforcement report.

NEXT WEEK: 
BANES had requested a stay (delay) in the processing of the Judicial Review which was started by SWVAG Ltd. The Judicial Review was suspended for 28 days in order to allow BANES to complete the
PCN process and decide on any Enforcement action.  This temporary stay of 28 days elapses next week.


WEEK-ENDING 30th MAY:
The detail of the Council Notices reveals that there are lots of holes in their argument and that the battle is far from over.


Week Ending 21/5/10

A Big Media week

This was our busiest week yet and was a huge boost for publicity and awareness. The Times article on the 15th was followed up with the Press Conference featuring Peter Gabriel and Bel Mooney who pledged their support and the Peaceful Protest outside the Guildhall on Weds 19th. This was covered by BBC, ITV, the Guardian , the Bath Chronicle and the Mail on Saturday among others. Our support grows day by day and from all sorts of bodies and individuals who have a vested interest.

Thanks to your efforts in tthe successful Press Conference and excellent Protest  our story is now firmly a national one.

 Below are the links to what has been tracked so far;

BBC:  http://news.bbc.co.uk/1/hi/england/somerset/8693430.stm

ITV - online clip:  http://www.itv.com/westcountry-east/save-woolley-valley58378/

Bath Chronicle  : http://www.thisisbath.co.uk/news/Peter-Gabriel-backs-fight-stop-development-spot-inspired-song/article-2178681-detail/article.html

Guardian:   http://www.guardian.co.uk/music/2010/may/19/peter-gabriel-save-solsbury-hill

Southwest Business:  http://www.southwestbusiness.co.uk/environmental/Gabriel-chorus-disapproval/article-2180506-detail/article.html

Telegraph:  http://www.telegraph.co.uk/earth/earthnews/7741147/Peter-Gabriel-joins-campaign-to-save-valley-he-sang-about.html

Mail: http://www.dailymail.co.uk/femail/article-1280275/Solsbury-Hill-Local-residents-fight-property-developers-save-rural-icon.html

http://www.love105.fm/Article.asp?id=1811070&spid=28213

http://www.spinnermusic.co.uk/2010/05/20/peter-gabriel-joins-campaign-against-solsbury-hill-development/

http://topnews.us/content/220113-peter-gabriel-engaged-saving-valley-where-he-first-made-debut

Please log in to the various links above and keep the momentum going with your comments.

 

Legals Update

" Council take Enforcement and Stop Action against Golden Valley Paddocks Ltd.

We are pleased that BANES have taken the action they have. However we are not impressed  that they have chosen to state again their  position on the Chicken Sheds. Our legal team fundamentally disagrees with their position and we feel that our views have not yet been adequately responded to. We have agreed to a stay (delay) of our Judicial Review process but will now have to review our position."

We are surprised that BANES have chosen to go public again on the chicken sheds whilst they are the subject of a Judicial Review that is temporarily paused.

Next week

The Legal process continues at pace.

We know lots of you are keen to assist with time, effort, money, ideas and skills.

An Events Group is being set up to harness the energy, creativity  and goodwill that is out there and allow everyone to contribute . More news from them soon.

To support this a link will be made available on the site for your “Ideas”  .There will also be a link for pledge of “skills” you have or know of which may be of use to the effort.

So a big thank you to all activists and demonstrators for their contribution this week.

Your continued support is much appreciated.

Week Ending 15/5/10

News

Things stepped up a gear this week and our story is now a national one . Please see “The Times”  Saturday 15th p37 or online http://www.timesonline.co.uk/tol/news/uk/article7127161.ece and feel free to add your comments.

Next week

- Wednesday 19th: Peaceful demonstration is being held to raise awareness of our concerns and seek action from BANES. 14:30 Outside The Guildhall, Bath (Contact Lloyd on 07967 200946). The more the merrier...

- Sunday 23rd: Larkhall New Oriel Hall 19:00hrs - Meeting to update local residents of the status of the development, the steps that have been taken so far in attempts to halt it, and how you can help. (Contact Robert 01225 859909)

 

Legal

We launched our Judicial Review action in the High Court on Friday 7th May asking for urgent consideration. With the arrival of the chickens stated by GVP as happening on Tuesday 11th May, we asked for an injunction to delay their arrival. We argued that BANES had not done their job properly on our behalf and that once the chickens were here it would make reinstatement more complicated.

The judge’s ruling on Monday evening based on all the written evidence in front of him from us, BANES and GVP was that;

-          He would not grant an injunction due to the fact that:

o        GVP had a financial exposure that SWVAG Ltd. was not willing to cover in damages (GVP put forward an exposure of over £100,000, based on the chickens arriving on 11th May, which incidentally did not happen)

o        That any environmental harm done whilst BANES completes its Planning Contravention Notice (PCN) process, currently underway and due to be completed soon, would not be irreversible.

o         In effect BANES should consider our legal arguments (that the chicken sheds should be considered to be “operational development” and require planning permission) in their Development Control process which includes completing the PCN process currently in train

-          He would not rule on our exposure to the other parties’ costs of the action yet. This implies he did not consider our action as frivolous or without some merit.

So, we failed to win an injunction but we achieved the following;

-          BANES must now consider our legal arguments. Until very recently they were happy to go on the record and say that the chicken sheds were not development and that they were not obliged to carry out an Environmental Impact Assessment before permitting such a development. They must now justify this position in the light of barrister’s opinion that this is wrong and they must do so under the scrutiny of the Court.

-          GVP have had to put on the table, before the Court, all of their arguments as to why they should be allowed to proceed and not be forced to reinstate. We dispute some of their statements and will share our concerns with BANES.

BANES requested a stay (delay) in the processing of the Judicial Review for 28 days in order to complete the PCN process and decide on any Enforcement action. We have agreed to this. If we are not satisfied with the outcome of the PCN process we can continue with our JR action.

Our objective remains the same ie to  get BANES to do the logical thing:

·         Enforce the refused planning applications,

·         stop the inappropriate development of the site (inappropriate due to AONB status, Article 4 protection, access only on via a single track lane, environmental impact)

·         reinstate the damaged areas

 

Your continued support is much appreciated.

Week Ending 30th April

- A Temporary STOP NOTICE was issued regarding the excavation/engineering works on the site on the 27th , but the work continues...


- 1km Services Drains adjacent to track through full length of site fitted out with water pipe and fitting points. Pipes filled over with sand. Drain dug at entrance to site, fitted with water pipe and filled in.

- Digging alongside hedge in middle field. Substantial further amount of topsoil added and levels changed in area near Soper’s Wood
- On Friday, 5 of the Bungalow sized structures moved to middle field …2 alongside the track and 3 alongside the hedge where the digging took place  earlier in the week.
- Questions continue to council about what is going on. Attendance on 2 occasions by Banes Enforcement disappointing as they were fobbed off by GVP as “Spreading Manure” and “Fixing leaks”.
- Our lawyer has been in regular contact with BANES and Golden Valley Paddocks Ltd. (GVP) (and their agent Willis) over the past few days. The position taken by BANES and GVP remain unsatisfactory.
- We have appointed a barrister and we are now preparing for a Court hearing
- We have incorporated a "not for profit" limited company as our legal vehicle to spearhead the campaign. It is named SWVAG Ltd.
 
- MP candidates from all 3 major parties have now visited the site and pledged support for Save Woolley Valley effort.
 
 
 

 

Week Ending 23rd April

- A STOP NOTICE has been issued regarding the excavation/engineering works on the site, but the rest continues...


 

- Charlcombe and Swainswick Parish Council meeting with Banes Planning

- Questions continue to council about what is going on.

- No request for remediation of changes

- Track is completed and is now larger and wider than Woolley Lane

- 1km of Services Drains dug from Development main yard to Bungalow structures in front of Woolley  

- 7 bungalow sized structures begins opposite Woolley fitted with insulated roof

- Further Trees in Soper’s wood felled and burned

- Large quantity of drainage pipes are installed altering further the water course   

- Save Woolley Valley Website shows fantastic support from surrounding communities and amazement at lack of BANES action  

- Bath Chronicle website has active support of cause

- MP candidate Jacob Rees Mogg visits site and pledges support  

 

SAVE WOOLLEY VALLEY ACTION GROUP

UPDATE 22/4/10

On Sunday evening 18th April our lawyer, who runs a prestigious Environmental and Public Law practice, sent a letter on our behalf to BANES.

The letter covered, amongst other things, his view that;

-   BANES has not followed the correct  approach to this development under EU law

-   BANES must urgently reconsider its approach to enforcement action

-   many aspects of the development including; the work covered by the five planning refusals, work impacting  the springs and streams under the wood, erection of the chicken barns, the various earthworks etc. appear to be being carried out in contravention of  EU law

-   BANES should issue a stop notice to the developer now and begin restoration

We await their response. If BANES don’t act then we will have little alternative but to proceed to a Court action.

On Wednesday 21st April, Golden Valley Paddocks were contacted by the council and agreed to STOP procedures regarding the earthworks on site.

Your continued support is appreciated.

 

Week Ending 16th April

Legal counsel engaged by Save Woolley action group

Questions continue to council about what is going on

No Stop order from Council

No request for remediation of changes

Work stops completely for first time since January on Monday 12th as GVP is aware BBC will be covering the story (Is this the act of a business that believes everything they are doing is legal?)

Work resumes as usual on Tues 13th

Track is completed and a road roller is working full time to flatten the stone being delivered regularly during day by large trucks

Land drains fed out under track onto Woolley Lane

7 bungalow sized structures opposite Woolley completed

Trees in Soper’s wood felled and burned

Celebrities support cause: Bel Mooney Ramblers, Bath Preservation Trust  

Save Woolley Valley Website shows fantastic support from surrounding communities and amazement at lack of BANES action  

Bath Chronicle visit valley to cover story

BBC points west breakfast bulletins

Coverage aired on Somerset Radio

BBC revisits valley for more coverage on Tues 13th and Weds 14th for larger story

Action Supporters meeting in Woolley shows great local and extended support

Week Ending 9th April

Questions continue to council about what is going on

No Stop order from Council

No request for remediation of changes

Both excavators working 12 hour days onsite now

Track is completed dug out to 2 feet and continuous convoy of heavy Lorries dump fillup to a height of 2 ft

Tractor , Dumper and road roller working full time

Erection of further 7 bungalow sized structures begins opposite Woolley on North side of Site

Area below Soper’s wood dredged, water course changed  

Save Woolley Valley Website launched

Face Book launched

Media Engaged

BBC film works on Friday 9th for broadcast on Monday 12th

Week Ending 2nd April

5th consecutive Planning permission refused (Represents 2 yrs of applications refused by BANES but no Stop order or Remediation request )

No Stop order from Council

No request for remediation of development

Work on all refused planning applications continues

Work onsite ramps up with 2 large caterpillar track excavators working full time onsite (Only 1 onsite from Jan to April)

So called Track is dug out and extended from North side of Woolley valley to south (over 1km)

100s of tons of clay moved to north end of site and dumped under Soper’s wood in some sort of reservoir structure

3 Bungalow size structures erected on south side of site (Nearer Larkhall)

Local Community in shock … Objections and questions to council go unanswered

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