Letters from Peter Ainsworth to the Environment Agency June 2009

The Environment Agency has said that in making its decision it only has to consider what happens within the Sandpit not what happens outside. However East Surrey MP Peter Ainsworth has established that this is not correct. He tabled a Parliamentary Question to establish the Agency's remit and the reply he received states:

"The Environment Agency has a duty to take action to reduce any negative impacts that are a direct result of a permitted activity. The Environment Agency's criteria apply both inside and outside the site"

As a result he wrote the letters below to the Agency official responsible for the Sandpit and to the Agency's Chairman reminding them of their duty to take account of the bigger picture and, in particular, of the intolerable number of HGVs that will result from granting the permit.

Letter to Cantor Mocke, the Environment Agency official responsible for the sandpit

Re: Oxted Sandpit

I recently tabled a Parliamentary Question regarding the Environment's Agency's responsibility for negative impacts that occur outside the boundary of, but directly as a result of, work that takes place on a site regulated by the Environment Agency. I attach a copy of the response for your information.

Specifically, I am interested in the last two sentences which state that: 'The Environment Agency has a duty to take action to reduce any negative impacts that are a direct result of a permitted activity. The Environment Agency's criteria apply both inside and outside the site.'

It was my impression from previous correspondence with yourself and others that the Environment Agency is only responsible for matters within the boundary of the site to which they have granted a licence.

I would be most grateful for your comments on how the answer to my PQ relates to the Environment Agency's forthcoming decision on Killoughery Waste Management's application to use Oxted Sandpit for landfill, and the well-documented problem of HGVs in the area.

Whilst I appreciate that the upkeep of local Highways remains a matter for Surrey County Council, it would appear that the Environment Agency has a duty to take into account the clear environmental and health risks that will occur outside the boundary of the sandpit should the licence be granted.

In addition, it would be most appreciated if you were able to provide any indication as to when a final decision on Killoughery's application can be expected.

Letter to the Agency's Chairman, Lord Smith

Rt Hon Lord Smith
Chairman
Environment Agency
Millbank Tower
25th Floor
21/24 Millbank
London SW1P 4XL

26th June 2009

Re: Oxted Sandpit (XP3635XM)

I enclose for your information a letter I have written to the Environment Agency officer with responsibility for Oxted sandpit, in my constituency.

I appreciate that you can not become directly involved in any particular application, but this case raises a more general question about the extent of the EA's remit when considering environmental impacts of activities which it is asked to licence.

Oxted's residents have long suffered from HGVs going to and from a local quarry. Access is only possible using small country roads which were never intended for such heavy use. As a result, the roads and verges are often damaged, and residents are understandably worried about their safety given the proximity of local schools and a busy equestrian centre.

Killoughery Waste Management Ltd has now placed the above application with the Environment Agency to use a nearby sandpit for inert landfill. A public consultation has been held and I am quite sure that the Environment Agency is in no doubt of the strength of feeling locally on this matter. Should the permit be granted, it would add greatly to the existing concerns of the local community.

EA officials have taken the view that they are only responsible for matters that take place within the boundary of a licensed site. However, the response to a Parliamentary Question I tabled (enclosed) makes it clear that the Agency has a duty to take into account negative impacts that are outside of, but directly affected by, work that takes place on an approved site.

Whilst I understand that many of the consequential impacts of activity at the sandpit are matters for the planning authority, in this case Surrey County Council, I would be most grateful for your confirmation that HGV movements may be taken into account by the EA when determining this application. The granting of this permit would lead to an intolerable number of HGV's on Oxted's small country roads, increase pollution, and pose an unacceptable danger to local residents.

I look forward to hearing from you.