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About Bowburn Opencast Action Group
 | ON 23 DECEMBER 2003, WE RECEIVED NOTICE THAT THE APPEAL BY ECO ENERGY HAS BEEN DISMISSED. THERE WILL BE NO OPENCAST OPERATION, NO MIXED USE DEVELOPMENT AND THE NEW ROAD WILL BE CONSTRUCTED AS PLANNED.
THIS MUST BE THE BEST CHRISTMAS PRESENT EVER!
However, on 2 February 2004 we have received information that the Appellants have commenced a legal challenge to the Secretary of State's decision. At present, we do not know the grounds of the challenge. We will of course keep you updated with progress concerning the Challenge.
The situation remains the same as at today's date, 10 August. There was a legal point about the name of the company challenging the Secretary of State's decision and Eco Energy lost the argument in the High Court. They have however lodged an appeal and the Court of Appeal has given them leave. this is not likely to be heard before the Autumn. I am told the start of the new road is delayed until at least the New Year as a result
I shall therefore retain the details and history, at least for the present.
The Public Inquiry into the opencast and mixed use application began on Tuesday 13 May 2003 at Bowburn Community Centre. All parties have now finished giving evidence. The last witness finished giving evidence on Thursday 5 June.
Bowburn Opencast Action Group took an active part in this Inquiry alongside Durham County Council. Every effort has been made to try to protect our environment from this opencast proposal, which could also significantly delay the proposed Link Road, or even prevent it from being built.
All witnesses for EEG were cross examined not only by Mr McCracken QC who represented the County Council but also by Richard Cowen on behalf of BOAG. In addition, local residents Howard Armstrong, Steve Raine and Richard Cowen all gave evidence. Lesley Tollet came down from the Stobswood site in Northumberland and gave evidence about the dust and noise problems they have suffered.
An evening session was held on Wednesday 28 May when over 100 people attended. 97 people signed the register but it is known many more (including the author) did not.
The Inquiry finally finished on 27 June. Two days were spent by all the parties (including BOAG) making final submissions to the Inspector.
HISTORY OF THE ACTION GROUP
Bowburn Opencast Action Group was established in the early 1990's to oppose plans to opencast land and form a drift mine at Whitwell near Bowburn. Planning permission for the drift mine was refused but the opencast site received planning permission and was worked until 1995.
In 1995 an application for planning permission was made to Durham County Council to opencast land between Bowburn, Park Hill and Old Quarrington, County Durham. This application was withdrawn in 1996.
In 2001 another application was made to Durham County Council which is very similar to the 1995 application. Planning permission for this application was refused by the County in January 2002 but an appeal has now been made to the Secretary of State. A Public Inquiry is to be held in Bowburn commencing 15 October 2002 (this was postponed and in fact heard in May 2003 as mentioned above)
This application also includes a mixed use proposal between the A1(M) and the proposed new road. The applicants have now indicated that they wish to build
1) a fast food diner, a public house and a hotel on the land between the cemetery and the B6291
2) office development (40,000sq feet) on the land between the cemetery and the Old Quarrington access road, and
3) an industrial estate for light industrial, general industrial and distribution accommodation (250,000 sq feet) on land to the north of the Old Quarrington access road.
It also included a proposal to erect three wind turbines on the escarpment above Heugh Hall Farm but this has now been replaced by a proposal to construct two. (Although the Group has decided to concentrate on the opencast part of this application, some information concerning the other parts and particularly the wind turbines is contained on the Public Inquiry page in this web site)
The Bowburn Opencast Action Group has written to the County Council about all these applications. It has also written to the Planning Inspectorate about the appeal and proposes to give evidence at the Public Inquiry.
Picture: View of the 5 Villages Cycle/Bridleway under threat. |
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Opencast? No thanks!
 | If this appeal had been successful, the opencast site would have occupied the shaded area of this map, immediately adjacent to the A1(M)at junction 61. There would have been an additional traffic burden, including heavy lorries on the Bowburn to Coxhoe road and almost certainly on the Bridlepath from Parkhill to Old Quarrington, causing potential noise & dust problems to local residents, walkers, horse riders and cyclists. The road from Bowburn to Old Quarrington would have been closed and diverted onto the access road to Old Quarrington Quarry.
58 hectares were included in this proposal...over 100 acres of fields and woods, paths, a road and a bridleway. It willwould have destroyed a part of the Coxhoe Wildlife Site and compromised the recently completed Five Villages Bridle & Cycleway.
You may have read or heard recently about problems at the Stobswood Opencast Site near Widdrington in Northumberland. A link is provided to their site where you can read about some of the problems they have encountered. Just go to the Links page and click on their site.
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SITUATION AS AT 12 NOVEMBER 2004
In the past two weeks we have had two pieces of good news.
First, we heard that the planning appeal regarding the wind turbines had been dismissed. These will not therefore now be constructed on the escarpment.
Secondly, the Court of Appeal has dismissed Eco Energy's appeal regarding its right to challenge the Secretary of State's decision on the opencast and mixed used development application. Again therefore the decision to refuse permission must now stand.
However we are not quite out of the woods yet. Eco Energy do have the right to challenge the Inspector's decision re the turbines on the grounds that he has made a mistake in law and, if they get leave, appeal the Court of Appeal's decision to the House of Lords. There are time limits for both matters - we probably won't know for sure until Christmas whether the decisions are absolutely final or still "under review". |
SITUATION AS AT 22 JANUARY 2005
We have heard nothing further either in respect of the opencast or wind turbines. I think therefore we can now say that this matter is closed and the opencast and wind turbine applications are finally over. |
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