I am requesting copies of all historic planning permissions, decision notices, Section 106 agreements, and planning conditions relating to any Sibelco (or predecessor) pits and workings in the Bovey Basin that:
1. Cover sites in the Teigngrace/Kingsteignton area above the processing works (including but not limited to Denistone, Newcross, Zitherixon, Sands Copse).
2. Include any consents, extensions, deepening approvals, or ROMP decisions from the 1960s onward.
3. Contain conditions referring to:
o Flood prevention, flood alleviation works, or loss of water storage capacity;
o Drainage channels, bypasses, ‘by-wash’ systems, or watercourse diversions to the River Teign;
o Surface water management, SUDS, swales, attenuation, or sediment control;
o Ongoing maintenance of such flood infrastructure.
4. Include any hydrological assessments submitted for these permissions that address the site’s role in local flood risk management.
In response to questions 1-4, we can confirm as follows:
The request relates to copies of all historic planning permissions, decision notices, Section 106 agreements, and planning conditions relating to any Sibelco (or predecessor) pits and workings in the Bovey Basin. Due to the nature, complexity and size of the site and sheer volume of records we hold we are unable to provide the entirety of the information being requested. There are over 60 consents in relation to the Bovey Basin, some of which date back to 1960s, and the amount of staff time that would be involved in retrieving and collating this information is significant. Many of these records are not held electronically so are not on our modern planning records system and exist as paper files in storage. This request is therefore manifestly unreasonable as set out in Part 12 (4) (b) of the Environmental Information Regulations 2004. Whilst we acknowledge the need for openness, it is not in the public interest for an excessive use of resources to be applied to a single request. If you are able to submit a specific request which is focussed on issues are specific concern we may be able to assist.
In any case, to clarify, all of the active operational sites in the Bovey Basin are covered by modern planning permissions which supersede any earlier historic permissions. This may be of assistance when forwarding a further request which would not be considered manifestly unreasonable.
Below is a series of links to these modern permissions which includes the decision notices (with any conditions related to flood/drainage measures – Point 3), any hydrological assessments submitted for these permissions (Point 4), or any legal agreements signed.
Central Area: https://planning.devon.gov.uk/Planning/Display/DCC/4344/2023
Chudleigh Knighton and Clay Lane: https://planning.devon.gov.uk/Planning/Display/DCC/3793/2015
Denistone and Broadway: https://planning.devon.gov.uk/Planning/Display/DCC/4078/2018
East Golds: https://planning.devon.gov.uk/Planning/Display/DCC/1496/2003
Newbridge: https://planning.devon.gov.uk/Planning/Display/DCC/2704/2008
This is currently operated by Imerys, but a part of the site was previously owned by Sibelco it has been included.
Babcombe/ Sands Copse: https://planning.devon.gov.uk/Planning/Display/DCC/3732/2015
Note this site produces sand rather than ball clay and is partially redeveloped.
Denistone and Broadway: https://planning.devon.gov.uk/Planning/Display/DCC/4078/2018
Broadway is now being worked as a single site with Denistone.
Chudleigh Knighton and Clay Lane: https://planning.devon.gov.uk/Planning/Display/DCC/3793/2015
All other sites:
Historic permissions covering other sites were recognised and covered by the overarching review of permissions in the Bovey Basin, which was determined in 1999 (link below). This reviewed and updated the conditions associated with the previous permissions. Whilst the more recent permissions listed above supersede these conditions for the operational areas from 1999, the decision notice for the review of permissions shows the overall extent of the previously consented areas across the Bovey Basin. All other sites shown on the plans accompanying the 1999 decision cannot commence mineral working until new schemes of working and conditions are sought and approved, or a new permission is granted, rendering all historic permissions currently inoperable.
Decision notice in relation to the overarching review of permissions in the Bovey Basin can be found here:
https://planning.devon.gov.uk/Planning/Display/99/2080/01/9DCC
Note: This includes sites owned and operated by both Imerys and Sibelco (previously ECC and WBB)
There is mention of Newcross. This site has been developed for housing.
5. Include any compliance, monitoring, or enforcement records for the above conditions.
We can provide a link to monitoring reports, which consider compliance of permissions at: Monitoring.