To: The West Sussex County Council – Planning Committee Members

Protect Rural Sussex Parishes from an unapproved industrial Biogas Plant

Crouchland Biogas Ltd. Plaistow, West Sussex enlarged, without planning permission, from a small on-farm Anaerobic Digestion facility to an Industrial-Scale Gas Plant. A retrospective planning application (WSCC/042/14/PS) is under consideration by West Sussex County Council. The WSCC Planning Committee are petitioned to refuse the application as it's detrimental to and not in the interests of the local communities.

Why is this important?

THE TIMELINE
2017:
• 25Apr: Inquiry into 3 Appeals against Enforcement and Planning Refusal begins. Legal counsels for Parish Councils, WSCC and CDC, with independent experts to take part.
• 29Mar: Leon Mekitarian, Director Farm Fuel faces suspension, curtailment or disqualification of operator's licence in new Traffic Commissioner's Public Inquiry.
• 27Feb: Appointment of Philip Gerrard (also Director, Eastern Counties Finance 1 Ltd, with whom Crouchland hold a mortgage & debenture) and Andrew Vernau as Directors to Crouchland Biogas Ltd.
• 6 Feb: Statements of Case by WSCC, CDC & Parish Councils for remaining Appeals submitted.
• 27Jan: Farm Fuel called to new Traffic Commissioner’s Public Inquiry for alleged breaches of timing condition at company’s Woking operating centre and allegations of trailers used during suspension period.
• 23Jan: Crouchland submit 405 pages of new documents for Appeals rendering previous documents redundant as they disclose ‘new baseline’ for retrospective planning application refusal. The joint Parish Councils and legal counsel are left just 9 days to respond.
2016:
• 14Dec: The government confirms reformed Renewable Heat Incentive subsidy scheme. ‘all new Non-Domestic RHI applicants for accreditation and those seeking registration for injection of biomethane should have all necessary planning permissions in place before they are accredited / registered.’ It’s not implemented retrospectively so Crouchland still claim large subsidy.
• 30Nov: Farm Fuel licence suspension begins. No HGVs allowed to leave Woking Operating Centre for 2 weeks.
• 10Nov: After Farm Fuel licence suspension, CEO John Morea - Southern Gas Networks (SGN) confirms "We would expect the contractor in question to comply with the suspension and have informed Crouchland Biogas Ltd we won’t be accepting any biomethane from this particular gas transportation source during its suspension."
• 3Nov: Traffic Commissioner suspends Farm Fuel HGV licence for 2 weeks (1-15 Dec). The unauthorised use has been extensive, prolonged and the operator sought to conceal the extent of this.
• 30Sep: Crouchland Farms fined.
• 22Jul: Crouchland Farms plead guilty to illegally discharging polluting material to River Kird on 02Dec2013. No announcements yet on significant pollution events in 2015 & 2016.
• 18Jul: Ofgem respond to a FOI request and advise Crouchland have received £4,359,537 in RHI subsidy from financial year 2014/15.
• 22Jun: The Planning Inspectorate publish Appeal decision re: the Certificate of Lawful Use granted by WSCC. The appeal allowed in part. The Inspector concludes that WSCC’s refusal to grant a certificate of lawful use or development in respect of the two metal containers to aid gas conditioning for the biogas plant, attached to the LDC and the conditioning and exportation of biogas was not well-founded and that the appeal in respect of these items and activity should succeed. In respect of the separator and the flare, attached to the LDC, and the importation of waste and any other materials for anaerobic digestion from land outside the boundaries of Crouchland Farm, the Inspector concluded that WSCC’s refusal to grant a cert. of lawful use or development in respect of these items and activity was well-founded and that the appeal should fail. (APP/P3800/X/15/3137735).
• 27May: Crouchland seeks adjournment to EA legal case.
• 17May: Traffic Inquiry reconvenes.
• 11-12May: Appeal against Cert. of Lawfulness is heard.
• 29Apr: The Environment Agency announce legal proceedings against Crouchland Farms for Dec2013 pollution of River Kird.
• 29Mar: P.O.R.E receives letter stating “The Gas Alliance Group (including Gas Bus Alliance) no longer take any Biomethane from Crouchland Farms Ltd or Crouchland Biogas Ltd.” and threatening legal action should villagers “communicate any information to any Bodies or Persons which is contrary to this statement”. Tony Griffiths is signatory, former General Manager of MAN UK bus operations.
• 29 Mar: Barry Evans resigns from Crouchland Biogas.
• 16Mar: Another significant pollution incident occurs and while cleanup in progress SGN disassociate themselves stating Crouchland is separate and they have no corporate responsibility for the actions of this autonomous company. Contrary to CEO John Morea’s 2013 Annual Report that Crouchland was SGN's partner; and from an email to WSCC 28Aug2014 supporting the retrospective planning application, stating "Our pioneering partnership with Crouchland Biogas..." and though SGN have a fixed / floating charge on the property / undertakings of Crouchland Biogas.
• 4Mar: Crouchland apply to substantially vary EA environmental permit (EPR/CB3208XJ/V002).
• 12Jan: Farm Fuel called to Traffic Commissioner enquiry for breaches to Operator’s licence ie. using the farm as an unauthorised Operating Centre.
2015:
• Nov: Parish Councils launch planning fund for expert / legal counsel.
• Oct: Crouchland lodge Appeals against Enforcement Notices (to dismantle all equipment installed without planning permission & to stop operating as a commercial biogas plant); retrospective planning refusal and Cert. of Lawfulness.
• 1Sep: WSCC issue Cert. of Lawfulness excluding conditioning & export of gas, importation of waste & other materials for anaerobic digestion and many items of development.
• 16Jul: CDC issue 2 Enforcement Notices with staggered compliance dates for cease of use of land and 6mths for remaining requirements (PS/13/00015/CONCOU).
• 23Jun: The EA attends pollution incident on adjoining farm’s watercourse with significant impact on ecology & ability to water livestock.
• 16Jun: CDC inform WSCC they strongly object to granting Cert. of Lawfulness.
• 2Jun: WSCC pass CDC responsibility to investigate & serve Enforcement but are clear multiple planning breaches have occurred.
• For events prior to 2Jun15 contact PORE.

How it will be delivered

Email and Press Conference

Crouchland Farm, Rickman's Lane, Plaistow RH14 0LE, West Sussex

Maps © Stamen; Data © OSM and contributors, ODbL

Links

Campaign Facebook Page Campaign Website

Updates

2016-06-22 17:45:40 +0100

The Appeal by Crouchland Biogas Limited against the Lawful Development Certificate issued by West Sussex County Council is only in part.....Conclusions:
For the reasons given ... I conclude,... that the Council’s refusal to grant a certificate of lawful use or development in respect of the two metal containers to aid gas conditioning for biogas plant, ... and the conditioning and exportation of biogas was not well-founded and that the appeal in respect of these items and activity should succeed. ...

In respect of the separator and the flare, ..., and the importation of waste and any other materials for anaerobic digestion from land outside the boundaries of Crouchland Farm a...., I conclude that the Council’s refusal to grant a certificate of lawful use or development in respect of these items and activity was well-founded and that the appeal should fail....
Click Here to read the complete Appeal Decision: https://acp.planninginspectorate.gov.uk/ViewCase.aspx?Caseid=3137735&CoID=0

2016-06-07 13:26:45 +0100

Recent Events:
• 27 May 2016: Crouchland solicitors sought an adjournment to the Environment Agency's case. They requested end of July but Worthing Magistrates Court agreed to an adjournment only until 24 June.
• 17 May 2016: The Traffic Inquiry into Farm Fuel Limited reconvened. Decision pending.
• 11-12 May 2016: The crouchland Biogas Appeal against the Cert. of Lawfulness issued to them by WSCC was heard in Chichester by the Planning Inspectorate. The room was full of QC's, barristers and solicitors. A decision is pending.
• 29 April 2016: The Environment Agency announced legal proceedings against Crouchland Farms Ltd in relation to December 2013 pollution of the River Kird. Crouchland Farms Ltd and Crouchland Biogas are linked; Leon Mekitarian is Director of both and Angus Cameron was former Director of Crouchland Farms Ltd resigning in 2013.
The EA have not yet made any announcements on the 2015 and 2016 significant pollution incidents.

2016-05-23 20:08:00 +0100

Friday, 27th May from 10am, The Environment Agency vs Crouchland Farms Limited, in relation to the pollution of the River Kird in December 2013. The matter is due to be heard at Worthing Magistrates Court, The Law Courts, Christchurch Road, Worthing BN11 1JE. The public may attend. The nearest Car Park is NCP Union Place BN11 1LG

2016-05-04 16:32:12 +0100

https://ifolduk.wordpress.com/2016/04/27/save-these-dates/

2016-05-04 15:56:19 +0100

The ENVIRONMENT AGENCY has initiated legal proceedings against Crouchland Farms Limited, in relation to the pollution of the River Kird in December 2013. The matter is due to be heard at Worthing Magistrates Court on 27 May 2016. Crouchland Farms Ltd. and Crouchland Biogas Ltd. activities are inextricably linked; Leon Mekitarian is director of both and Angus Cameron was also a Director of both, but retired from the Crouchland Farm Ltd. Clearly Crouchland Farms Limited is taking the rap on this one and we may yet see the Crouchland Farm landowner, William Luttman Johnson in court.
No news yet on the other significant pollution incidents in 2015 and 2016 - it must be hard for the EA to keep up.

2016-04-27 16:58:24 +0100

The original intention of this petition was to urge West Sussex County Council to refuse a retrospective planning application. That was ultimately the decision taken the WSCC planning committee 3rd March 2015. But if you read through the timeline on this page, you will see that the fight is ongoing and far from over. The Hearing for the Crouchland Biogas appeal of the Certificate of lawfulness is scheduled for Thursday 12th May 2016 from 10am and is expected to continue on to Friday, 13th May in The Assembly Room, The Council House, North Street, Chichester PO19 1LQ.
A large presence of people from our Parishes at the hearing will emphasize again, the level of our concern. Plaistow & Ifold and Kirdford Parish Councils, representing the Parish communities, will be fully represented by a legal team, barrister and AD Expert during the hearing. P.O.R.E will also speak.

2016-04-20 11:43:26 +0100

TOWN AND COUNTRY PLANNING ACT 1990
APPEAL UNDER SECTION 195
Site Address: Crouchland Farm, Rickmans Lane, Kirdford, West Sussex, RH14 0LE
Description of development: Certificate of lawfulness for the proposed use as an Anaerobic Digestion facility with unrestricted throughput of imported waste or other material and the export of gas and digestate.
Application reference: WSCC/036/15/PS
Appellant's name: Crouchland Biogas Ltd.
Appeal reference: Appeal APP/P3800/X/15/3137735

2016-04-20 11:40:50 +0100

The Hearing for the Crouchland Biogas appeal of the Certificate of lawfulness is scheduled for Thursday 12th May 2016 from 10am and is expected to continue on to Friday, 13th May in The Assembly Room, The Council House, North Street, Chichester PO19 1LQ.
Residents are urged to attend. A large presence of people from our Parishes at the hearing will emphasize again, the level of our concern.
Plaistow & Ifold and Kirdford Parish Councils, representing the Parish communities, will be fully represented by a legal team, barrister and AD Expert during the hearing. P.O.R.E (our local community action group) has made representation and will also speak on our behalf.

Email [email protected] if you plan to attend so that The Planning Inspectorate may be informed of expected numbers.

The Assembly Rooms are fully accessible by all including those with disabilities and mobility issues. Please advise if you require a disabled parking space or assistance on the day.

2016-04-12 15:10:44 +0100

Companies House filings 6 Apr 2016: Termination of appointment of Barry Stewart Evans as a director of Crouchland Biogas Limited on 29 March 2016. It is not known if Barry Evans has also relinquished his shares in Crouchland Biogas Ltd. He remains a director of Gas Bus Alliance who, as part of Gas Alliance Group, is noted as fuel provider for several gas bus companies for the £30million low emission bus (LEB) scheme in the UK, funded by Office for Low Emission Vehicles (OLEV). It appears that significant government subsidy is still a major factor for the viability of these businesses.

2016-04-12 13:10:57 +0100

Barry Evans resigned his directorship from Crouchland Biogas limited on 29 March 2016. It is not yet known if he has also relinquished his shares in the company. https://www.facebook.com/poreorg/posts/1701879656718639:0"

2016-04-06 15:14:08 +0100

GAS ALLIANCE GROUP STOP USING BIOMETHANE FROM CROUCHLAND BIOGAS LTD OR CROUCHLAND FARMS LTD!
For those who have not yet had a copy, and for readers from further afield, PORE are happy to make public a copy of a letter received by a local resident and are pleased to note that the Gas Alliance Group have advised that they no longer take biomethane from Crouchland Biogas. They don’t give a reason for this, but we hope it is because they have recognised the environmental and planning issues with the site.

Whilst pleased that the Gas Alliance Group (including Gas Bus Alliance) have apparently seen sense, readers might wish to question the timing and permanence of this announcement in the knowledge that the Government office for Low Emission Vehicles is currently considering tenders for the Low Emission Bus Scheme. https://www.facebook.com/poreorg/posts/1699246670315271:0

2016-04-02 17:16:09 +0100

Actress, Julie Walter's with her farmer husband Grant Roffey, go public:
http://www.dailymail.co.uk/news/article-3511059/Julie-Walters-war-biofuel-plant-near-rural-idyll-Actress-blasts-facility-killing-wildlife-emits-stench-strong-people-t-sit-gardens.html

2016-03-26 11:09:44 +0000

The original intention of this petition was to urge West Sussex County Council to refuse a retrospective planning application. That was ultimately the sound decision made by the WSCC planning committee 3rd March 2015. But if you read through the timeline on this page, you will see that the fight is ongoing and far from over. The Parishes of Plaistow & Ifold and Kirdford with surrounding communities thank you for taking the time to read about this travesty unfolding in our rural area. We note that even in the past weeks and months people continue to support our fight against Crouchland Biogas Limited by signing this petition. We hope you will too.

2016-03-26 10:02:50 +0000

Don't forget to bid on something fab! Funds continue to be raised for expert and legal representation to oppose the 4 appeals Crouchland Biogas Limited has lodged with the Planning Inspectorate. To date over £50,000 has been raised and auction pledges are now over £1,600. If you too have an item or service you would like to donate, contact the auction administrator:
http://www.jumblebee.co.uk/crouchlandbiogasappealsfundraisingevent#none

2016-03-10 12:08:16 +0000

P.O.R.E IS RUNNING AN ONLINE AUCTION AND IT IS OPEN FOR BIDDING!
Community campaign group P.O.R.E is fundraising for legal and expert representation at four Crouchland Biogas appeal hearings. The Auction will conclude at 6pm on Thursday, 21st April 2016.

Click HERE to go to the AUCTION:
http://www.jumblebee.co.uk/crouchlandbiogasappealsfundraisingevent

To put the size of this system into perspective… [Crouchland Biogas Ltd.] built one of the largest biogas refining installations in the UK. …there are only 5 units in Europe that are the same size or larger. (AD Expert)

Retrospective Planning permission was refused and 2 enforcement were issued. However, Crouchland Biogas Limited have lodged four Appeals with the Planning Inspectorate.

Plaistow & Ifold -and- Kirdford Parishes with surrounding communities are UNITED in fighting the appeals.

For more information go to these links: P.O.R.E Facebook page: www.facebook.com/poreorg -or- P.O.R.E website: www.pore.org.uk