Arkwright Colliery Site

Eric Mears made this Freedom of Information request to Derbyshire County Council

The request was partially successful.

From: Eric Mears

Dear Derbyshire County Council,

My request of 17-Sep-2012 (
http://www.whatdotheyknow.com/request/co...
) has been answered by Lucie Evans - although I have since asked
her to confirm a point that I thought might have been a 'typo'.

Arising from that question and its answer, I have several
supplementary questions which I understand you need to treat as new
enquiries. These all relate to the parcel(s) of land between
Deepsic Lane and Sutton Lane in the parish of Sutton cum Duckmanton
from which coal was extracted between 1990 and 2005.

For how long are DCC contracted to rent the approx 22 acres of land
on which it is proposed to build a compost factory ?

Have DCC got any longer term plans for buying that piece of land ?

Will it later be sold or (sub)let to SITA and if so for how much ?

What area of land is left for the proposed Country Park.

What was (is) the cost of buying (or renting/leasing if
appropriate) the Country Park land ?

When is the proposed Country Park expected to open ?

Why have DCC never enforced the very clear terms in UKC’s planning
permission which obliged UKC to restore all the land that had been
occupied by them to agricultural or woodland use before 2007 ?

Do DCC itself, or any of its councillors or officers have any
financial interest in UK Coal or SITA ?

Yours faithfully,

Eric Mears

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From: Contact Centre (Chief Executives)
Derbyshire County Council

Dear Eric

Thank you for contacting Derbyshire County Council I have forwarded your email to our FOI team for reply.

Regards
Nathan Moore
Call Derbyshire Administrator
Call Derbyshire
08456 058 058 or 01629 533190

Call Derbyshire - Contact Centre of the Year 2011, Good Communications Awards.

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From: Dyson,Andrea (Corporate Resources)
Derbyshire County Council

Dear Mr Mears

I refer to your request for information received on the 11th October 2012.

We will be dealing with your request under the Freedom of Information Act 2000 and/or Environmental Information Regulations 2004 as appropriate. In accordance with the legislation, the deadline for responding is 20 working days from receipt of the request, this being the 8th November 2012. However, we shall endeavour to deal with your request promptly, and if possible before this date.

Yours sincerely

John McElvaney
Director of Legal Services
Derbyshire County Council

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From: Tucker,Rebekah (Environmental Services)
Derbyshire County Council


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[1]Description: Ian Stephenson Strategic Director – Environmental
Services Derbyshire County Council County Hall, Matlock Derbyshire DE4
3AG Council Switchboard 01629 580000 Extension 38590 Direct Dial 01629
538590 Ask for Tracey Frost Our ref ES 1633 Your ref: Markham Colliery
Date: 31/10/12 Email [email address]

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Dear Mr Mears

 

Thank you for your request dated 10/10/12.

 

Your enquiry was as follows:

 

 These all relate to the parcel(s) of land between Deepsic Lane and Sutton
Lane in the parish of Sutton-cum-Duckmanton from which coal was extracted
between 1990 and 2005.

    

1.    For how long are DCC contracted to rent the approx. 22 acres of land
on which it is proposed to build a compost factory?

 

2.    Have DCC got any longer term plans for buying that piece of land?

 

3.    Will it later be sold or (sub)let to SITA and if so for how much?

 

4.    What area of land is left for the proposed Country Park?

 

5.    What was (is) the cost of buying (or renting/leasing if appropriate)
the Country Park land?

 

6.    When is the proposed Country Park expected to open?

 

7.    Why have DCC never enforced the very clear terms in UKC’s planning
permission which obliged UKC to restore all the land that had been
occupied by them to agricultural or woodland use before 2007?

 

8.    Do DCC itself, or any of its councillors or officers have any
financial interest in UK Coal or SITA?

                      

 

Please see the below Environmental Information Regulations 2004 response:

 

1.  The Council has entered into a 20 year lease with Harworth Estates
(Agricultural Land) Limited who are a subsidiary company of UK Coal.

 

2. The County Council has no longer term plans to buy the piece of land. 
  

    

3. The Council has a contract with Sita to undertake a variety of waste
functions throughout the County. As part of their obligations pursuant to
that contract Sita will construct, operate and manage the in-vessel
composting plant on the Arkwright site. To enable them to do so, the
Council will grant them a sub-lease of the site for so long as they are
contracted to the Council to operate the in-vessel composting plant. Sita
will not pay any rent to the Council as their contract with the Council
enables them to pass certain charges back to the Council, which would
include any rent charged for the lease of this site.

 

4. It is understood that a proposal for a Country Park on part of the
overall site was suggested by a group of residents, but this was not taken
forward into a formal amendment to the restoration plans.

 

5. See response to question 4. 

    

6. See response to question 4. 

    

7. The Arkwright opencast development involved the restoration of
approximately 400 hectares of land.  The form of restoration which was
approved was predominantly to agricultural uses with areas of woodland. By
the time of the Planning Committee meeting on 15 February 2010 when the
application for the in-vessel composting facility was considered, most of
the site was back in use for agriculture with less than 50 hectares
remaining to be restored. The detailed restoration plans were revised nine
times from the scheme envisaged in the original 1991 planning
application. 

When the phasing of the development was formulated it was always
considered to be a logical progression to work back towards the site
access. Therefore if the composting facility had not been proposed and/or
had not received planning approval, the relatively small area of the land
to be used for the composting facility would have been part of one of the
last areas to be restored. 

Upon the approval of the planning application on 15 February 2010, there
was clearly no planning justification for pursuing any restoration of that
area under the scheme for the open casting restoration. The minutes of the
Planning Committee meeting in 2010 at which the composting facility
application was considered, recorded members of the public’s expectations
that the restoration plans previously agreed should be adhered to fully. 

This point was one of several concerns expressed by members of the public
speaking at the meeting which were responded to by the Strategic
Director's representative. Committee members also referred to the point
and the representative confirmed that applications could be made and
permission granted on sites which were subject to existing restoration
commitments.

 

8. The County Council does not have any financial interest in UK Coal or
SITA. None of the County Council’s chief officers or any of the officers
connected with this project has any interests in UK Coal or Sita. No
elected member of the County Council has recorded any interest in UK Coal
or Sita in the Council’s Register of Members Interests. 

 

I hope this now satisfies your request.

 

However should you wish the outcome to be reviewed, please follow the
procedure as set out below:-

 

Stage 1:

 

In the first instance, please send in your comments, and wherever
possible, a copy of your request and the covering letter enclosing the
information or refusing your request to:

 

Lucie Evans

Trainee Solicitor

Legal Services Division

Derbyshire County Council

County Hall

Matlock

DE4 3AG

Email: [2][email address]

 

Stage 2:

 

After completing the above procedure, if you wish to challenge the
decision further, then you have a right to contact the Information
Commissioner’s Office as follows:

 

Information Commissioner's Office

Wycliffe House

Water Lane

Wilmslow

Cheshire SK9 5AF

         

Telephone: Tel: 0303 123 1113/Fax: 01625 524510

ICO Weblink: [3]http://www.ico.gov.uk/complaints.aspx

 

Should you have further questions or queries, please do not hesitate to
get in contact. 

 

Yours sincerely,

 

Tracey Frost

Business Services Officer

Tel 01629 538590

 

 

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References

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2. mailto:[email address]
3. http://www.ico.gov.uk/complaints.aspx
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From: Eric Mears

Dear Derbyshire County Council,

Please pass this on to the person who conducts Freedom of
Information reviews.

I am writing to request an internal review of Derbyshire County
Council's handling of my FOI request 'Arkwright Colliery Site'.

The claim was made in the DCC reply that the proposal for a new
country park was just a suggestion from a group of residents. In
fact, this was an offer made by UK Coal in their booklet issued at
the pre-application meetings in approx 1990. Furthermore, the
section 106 agreement issued in 2002 contained multiple references
to uses of the site for leisure activities etc.

The section 106 agreement obliged UK coal to complete restoration
by 2006. DCC should therefore have been threatening enforcement
action very soon after that and certainly long before any plans for
the compost factory were issued diligent enforcement should have
ensured that the restoration had been completed. It is nonsense to
suggest that DCC's failure to carry out their duties should relieve
UKC of their legal obligations.

A full history of my FOI request and all correspondence is
available on the Internet at this address:
http://www.whatdotheyknow.com/request/ar...

Yours faithfully,

Eric Mears

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From: Contact Centre (Chief Executives)
Derbyshire County Council

Dear Mr Mears

Thank you for contacting Derbyshire County Council.

I have forwarded your email to our Freedom of Information Team for reply.

Regards
Julie

Call Derbyshire Administrator
Call Derbyshire
08456 058 058

Please address all replies to [Derbyshire County Council request email]

Call Derbyshire - Contact Centre of the Year 2011, Good Communications Awards.

Did you know you can now borrow eBooks? Visit www.derbyshire.gov.uk/ebooks for more info.

******************************************************************************
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Derbyshire County Council works to improve the lives of local people by delivering high quality services.
You can find out more about us by visiting 'www.derbyshire.gov.uk'. If you want to work for us go to our job pages on 'www.derbyshire.gov.uk/jobs'. You can register for e-mail alerts, download job packs and apply on-line.

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From: Collard,Lucie (Corporate Resources)
Derbyshire County Council

Dear Mr Mears

 

I write further to your e-mail dated 7 November 2012 requesting an
Internal Review of the handling of your Freedom of Information Act
Request.

 

The Reviewing Officer will consider the Council’s response to your request
for information received on 10 October 2012.  We shall respond to your
request within 20 working days, and by 6 December 2012.  However we shall
endeavour to respond to your request for a review promptly, and where
possible before this date.

 

Yours sincerely

 

 

Lucie Evans

 

 

Denise Boden

Business Services Assistant

for John McElvaney

Director of Legal Services

Derbyshire County Council

Tel: 01629 538379/538409

 

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this email?

Derbyshire County Council works to improve the lives of local people by
delivering high quality services. You can find out more about us by
visiting 'www.derbyshire.gov.uk'. If you want to work for us go to our job
pages on 'www.derbyshire.gov.uk/jobs'. You can register for e-mail alerts,
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From: Collard,Lucie (Corporate Resources)
Derbyshire County Council


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Dear Mr Mears

 

Please find attached the review of the response to your request for
information.

 

Yours sincerely

 

Lucie Collard

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this email?

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delivering high quality services. You can find out more about us by
visiting 'www.derbyshire.gov.uk'. If you want to work for us go to our job
pages on 'www.derbyshire.gov.uk/jobs'. You can register for e-mail alerts,
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