Brett Aggregates Appeal 2024

IMPORTANT UPDATE RE APPLICATION TO QUARRY ON ELLENBROOK FIELDS – Mon 23 Sep 2024

Dear Residents,

Last week we attended the Case Management Conference, the first procedural meeting of the Planning Inquiry for the application to the quarry on Ellenbrook Fields, along with Smallford and Sleapshyde Residents Association (SSRA), Hatfield Town Council (HTC) and Colney
Heath Parish Council (CHPC), Brett Aggregates and Herts County Council (HCC).

This meeting laid out how the inquiry will operate, who will give evidence, what the timescales are, etc.

Unfortunately, things almost immediately took a turn for the worse when the HCC Barrister announced they would not be presenting any evidence or witnesses to the Inquiry.

Although not technically withdrawing from the Inquiry, in effect that is what is happening.

Alongside this bombshell, we have been informed that there is an HCC Development Control meeting on Tuesday 24/09/224 at 10 am (tomorrow) at County Hall Hertford, where there is a quarry application agenda item in Part 2 (in private) where legal evidence will be presented
to the committee. Presumably at that private meeting, they will be discussing the fact that they will not be presenting any evidence to the Inquiry.

We believe, and this will be confirmed tomorrow, that HCC will not give evidence to the inquiry based on legal advice. As such we (EARA, SSRA, HTC and CHPC) will also be unable to participate in the Inquiry as the liability risk to us is too great as there is a risk that Brett may pursue us for legal costs for the appeal. It may be that we can be involved in conditions and common ground but we would not be able to argue against the quarry.

Representatives from EARA and SSRA will be speaking tomorrow at the Development Control Committee to express our outrage as to the situation we are in. We can only read out a statement in Part 1 where there will be no discussion, questions or debate. The meeting will then go into Part 2 from which the public is excluded. We will not be able to listen to or take part in any discussion.

The best outcome we can hope for tomorrow is to be involved with HCC as they discuss conditions etc as we go forward.

We believe that the Inquiry will still sit and that there will still be the opportunity for Residents to put forward their views. Then the Inspector will ask for witnesses etc from the Appellant, who may put some up, and then from HCC which there will be none and then he will close the Inquiry, then the Inspector will go away and make his decision. He will look at all the evidence regarding the application and no doubt at the evidence from the last inquiry so he will see our historical comments.

The purpose of this email is to update you on this sudden turn of events and to advise you about the meeting tomorrow. Our opportunity to speak is to the last item on the agenda and we have five minutes each to make a statement before the meeting goes private.

We are not expecting residents to attend the DCC meeting on the basis that we can only make a short speech in Part 1 of the agenda and then will excluded from Part 2 where the discussions will be held.

We know residents will be dismayed at this news and just wanted to give you the option to attend the meeting if you wish to do so. There will be more important moments to express your views at the public comment part of the Inquiry where residents can make comments, and we hope that residents will provide evidence of the use of the Park to the Inspector when he visits.

Once we know more details about what will happen at the Inquiry we will let you know.

To say that we are shocked and dismayed at this turn of events is an understatement. We will keep you informed over the next few weeks as at this stage it is unclear what will happen next.

Sue Meehan
EARA Chair