Agenda and minutes

Apologies for absence were received from Mr Paul Batchelor.

The Chairman invited everyone present, at the main table to introduce themselves.

The notes from the previous meeting were agreed as a true record.

Ruth advised that a number of questions had been received in advance and the responses from the various agencies to these would be published on the Council’s website together with the agenda and minutes of today’s meeting.

These questions and responses were also read out by the relevant officers.

Tony Deakin responded on behalf of the Environment Agency and confirmed that the situation was similar to that report in January 2019, the only major change was that the Panel Engineer appointed by Liberty Construction, Robert Mann had stood down.  The Environment Agency had written to Liberty Construction asking for confirmation of the details of the replacement Panel Engineer.

Martin Quine of the Environment Agency added that they were in the process of reviewing the documentation in relation to the waste soils that had been accepted on site.  A further visit would take place in the coming months.

Ruth Bamford confirmed that there had been no further tipping and a planning application had not been submitted.  If tipping were to resume, then the situation and what actions to be taken, would be reviewed at that time.

Richard Williams, from Worcestershire Regulatory Services (WRS) confirmed that they were satisfied with the regular updates they received from EXEA Associates, who were appointed by Liberty Construction.  They had no concerns and there was no change to the gas emissions and performance on site.

As explained earlier in the meeting there had been a number of questions asked prior to the meeting and responses had been provided. The Chairman invited the audience and Working Party to put forward any further questions they had.  A number of questions were put to officers, including:

1.    Who owned Liberty Construction Ltd?

It was confirmed that Angus McGee was currently the director and that this information was available through Companies House.  Marie McIntosh was the Director of Link Property Developments Ltd.

2.    As Robert Mann was no longer the Panel Engineer, had a new Panel Engineer been appointed and could he have a different solution?

Tony Deakin (EA) confirmed that this appointment was made by Liberty Construction and he had written to them asking for details of the new Panel Engineer.  That person would review the documents.

3.    Was there a plan to bring the matter to a conclusion?

Ruth Bamford explained that the Council was not able to make Mr McIntosh apply for planning permission, so there was nothing further to be done at this stage.  If there were developments in the future then a course of action would be considered, dependant on those developments.  Currently there was no planning harm being caused and the Council was content with the situation.

4.    If the Council had done what it could then the matter must rest with the Environment Agency?

Tony Deakin responded that there were legal requirements to carry out, a site visit had been made in December and there were no immediate concerns.  The EA would continue to look to the person responsible to address any issues, they would only step in where they had safety concerns, and currently they had no concerns.

Richard Williams from WRS also responded that they had been asked to look at how the site was being managed and that as there was continuous monitoring they were also happy with things as they stood.

5.    The amount of over tipping and at what stage it would be agreed that enough was enough and no further tipping would be allowed.

Ruth Bamford explained that there had been over tipping on a previous planning application, for the development of a golf course.  More than was given permission was tipped in this case.  A topographical study was carried out which showed this and after that Mr Mann advised that more was needed to cap it.  The professional view was that more was needed.  Any application received would be scrutinised and evaluated.  It was difficult to say what the Council would do until the situation arose.

Tony Deakin explained that originally there was no Panel Engineer appointed to oversee the reservoir, but one was appointed at a later date.  That Panel Engineer required more soil to meet safety requirements, as the clay core needed sealing off.

6.    Was the transfer notice on any planning permission?

Martin Quine, EA confirmed that the owners had been made aware during the December and March site meetings that planning  ...  view the full minutes text for item 28/18

The Chairman agreed that a further meeting would be arranged as and when necessary, but currently there was no need for a further meeting to be arranged.