Tag Archives: Day Group

NOW FOR THE MAIN EVENT: FEATHERWEIGHT FLACCID FLOPPER REES vs THE PEOPLE

Avonmouth: unlawful poison plant too difficult and expensive for the council to enforce the law they are supposed to enforce?

With the Antona Court laundry case done and dusted, Avonmouth residents can now move on to their next legal target – the UNLAWFUL Day Group development of a poisonous bottom ash plant on Port of Bristol land right by their homes.

Day Group, with the help of the Port of Bristol and some hurriedly redeployed council planners, have built a POISONOUS and POLLUTING hellhole right next to a residential area in Avonmouth after dubious Bristol City Council planning bosses granted Day Group a ‘Certificate of Lawful Use’ in 2015 to build the plant. Although the council now admit this certicate was, er, “WRONGLY ISSUED“.

The council finally issued a Planning Contravention Notice to day Group late last year over the unlawful development but they are now DECLINING to enforce the notice and force the demolition of the plant as residents want.

“There would be very considerable DIFFICULTIES and EXPENSE in seeking the demolition of the structures,” they bleat, which might come as a surprise to anyone who’s not a major corporate player and friend of the Port of Bristol and the Merchant Venturers who’s built anything in Bristol without planning permission.

Instead, Day Group, having effectively NEUTRALISED any serious city council action over their poison plant, are now attempting to get the Environment Agency to grant them a licence to start killing the residents of Avonmouth with their profitable toxic shit.

Day Group also tried to get this licence last year but got KNOCKED BACK by the Environment Agency, so now they’re now appealing to the Minister of State for DEFRA, Michael “Govey” Gove.

This has resulted in the following EMAIL being fired off to DEFRA last week:

From: Avonmouth Resident
To:environment.appeals@pins.gsi.gov.uk” <environment.appeals@pins.gsi.gov.uk>
Sent: Friday, 21 July 2017, 16:10
Subject: RE – EPR/TP3138DP/A001 – NOTICE OF APPEAL MADE UNDER THE ENVIRONMENTAL PERMITTING (ENGLAND AND WALES) REGULATIONS 2016 – REGULATION 31

Her Majesty’s Principal Secretary of State for Environment, Food and Rural Affairs
The Right Honourable Michael Gove or responsible delegated officer

Environment Appeals Administration
The Planning Inspectorate
3/H Hawk Wing
Temple Quay House
2 The Square
Bristol
BS1 6PN

Your ref: EPR/TP3138DP/A001
PINS ref: APP/EPR/511

Via e-mail.

Sir, Madam.

I am writing to you as I have been notified that the Day Group have appealed to your office in relation to the matters detailed above. I am writing as the closest sensitive receptor to the development, private householder and member of the Avonmouth Community Action Group.

I have a number of issues with the appeal as I understand it as presented to me by your office, please notify me of any errata or clarify my misunderstandings.

The Day Group (hereafter referred to as DG) have appealed the Environment Agency (hereafter referred to as EA) decision to refuse an environmental permit for their now constructed IBA plant at Avonmouth Dock adjacent to my property; I understand that the plant was constructed without the relevant planning permission being obtained from the local authority and that the Day Group are relying on the granting of a Lawful Use Of Land Certificate issued in error by Bristol City Council (hereafter referred to as BCC) as permission granted to erect the structure – Certificate ref:14/00824/CP.

DG have submitted a document titled: Avonmouth Grounds of Appeal 2.2 02 06 17-1.pdf (10 pages), which sets out their position and specific contested points of appealing the EA decision to you, for consideration as decision maker in those matters.

Your office has allocated 21 days from notice for interested parties to respond to you and a hearing will be set for later in 2017 (around October).

I do have a concern about the appeal process as set out currently: it would seem on examination of the document provided that DG have not actually included evidence for consideration, just a generalised statement that at some point they will be presenting statements of evidence that will illustrate that the EA were remiss and incorrect in their assessment of the original permit application; from my perspective this lack of detail, coupled with the restrictive timescale of 21 days placed upon me and any other notified individuals to submit our comments or evidence to your office, could disadvantage our cases and abrogate our rights unfairly.

BCC have issued a Planning Contravention Notice to DG as they have confirmed a material breach of planning regulations has taken place after DG started construction after BCC informed DG the permitted development rights relied upon did not cover an industrial installation. Letter from Jonathan Chick to the Port attached to this mail. Until the issue around planning permission has been resolved I do not see how the EA or the Sec State can grant a license to DG to begin operations as the site is both illegal and unlawful at present. BCC have indicated that should this matter go for retrospective planning permission it would be highly unlikely to succeed. I am in the process of giving instructions in relation to these matters and I am seeking a demolition notice to be served by BCC to DG to resolve the torts caused by the actions of DG and inactions of other parties.

I have included my original response to the application for your records and would welcome the opportunity to cross examine DG evidence at the hearing when eventually submitted for examination. Please let me know the dates so I can attend and give my own evidence for consideration as an impacted party.

The broad basis for my arguments against DG  are:

    • The definition of IBA as an inert and non-hazardous product rather than hazardous waste.
    • The failure of the planning framework, local authority and EA in permitting this site for industrial operations historically and for this development.
    • The failure of DEFRA and the previous secretary of state Liz Truss to act upon the known issues with this site and others permitted in the immediate vicinity previously.
    • The original submission by DG to the EA on points not appealed by DG.

I would like to be provided with any further submissions by parties involved in good time before the hearing, please forward when received. I reserve my rights to add to my submissions as evidence becomes available within the case.

Regards,

Avonmouth Resident.

Yes, you did read that correctly – ” I am in the process of giving INSTRUCTIONS in relation to these matters and I am seeking a demolition notice to be served by BCC to DG.”

The “Instructions” are from Avonmouth residents to LAWYERS and the stated objective is for the Day Group/Port of Bristol poison plant to go – regardless of what Bristol City Council’s bent planners overseen by a bunch of fucking useless councillors, cabinet members and mayors, in the back pocket of port-owning Merchant Venturers, want.

We urge you to watch this space. This is going to get very interesting indeed …

DAY GROUP ROBBERY

Planning permission? That’s for the little people.

Efforts by the Day Group to open a poisonous bottom ash manufacturing plant at the Port of Bristol, Avonmouth WITHOUT planning permission takes a turn for the worse for residents.

The council has finally responded to a complaint filed in November by a local ‘moaning bastard’ in Avonmouth, which resulted in a Planning Contravention Notice (PCN) against Day Group and a wholesale LACK of any further action.

Having considered the straightforward matter now for EIGHT MONTHS and splashed out on one of the city’s slowest barristers – Leslie Blohm from St John’s Chambers in Queens Square – for advice, the council has finally concluded, “there would be very considerable difficulties and expense in seeking the demolition of the structures which the Council does not feel able to undertake.”

In other words the huge plant can REMAIN despite it having no planning permission. While the council further admits a so-called ‘Certificate of Lawful Use’ handed by planning officers to Day Group in 2014 to “operate and maintain a facility for the processing of inert waste and specifically IBA (Incineration Bottom Ash) imported into Avonmouth Docks and for onward transit to a variety of end users” was “WRONGLY ISSUED“.

This means the residents are now entirely reliant on the Environment Agency continuing to REFUSE the Day Group an Environmental Permit to process bottom ash at the site and on the council refusing any change of use planning applications.

To this end, the council have given a WEAK undertaking to residents “that any further proposals for uses on the site are very carefully scrutinised in accordance with all relevant planning policies”. And we all know what “careful scrutiny” by our planning department means don’t we?

Residents in Avonmouth are up in arms and promise a response …<

UNLAWFUL POISON PLANT LATEST

Planning permission is now only for the little people in Bristol; not for stuff built for the big swinging dicks of the Merchant Venturers

Efforts by the Day Group to build a POISONOUS bottom ash manufacturing plant at the Port of Bristol, Avonmouth, yards from people’s homes and WITHOUT planning permission, continue to be secretly supported by Bristol City Council’s planners and politicians.

Following a complaint filed in November by a local ‘moaning bastard’ in Avonmouth, the council was forced to issue a PLANNING CONTRAVENTION NOTICE (PCN) against Day Group and investigate this enormous mystery plant at the Port of Bristol with no planning permission.

Day Group have responded to the PCN through lawyers and, seemingly, the response was TOO DIFFICULT for our thicko planners and local authority lawyers to understand as they immediately engaged the services of independent counsel from St Johns Chambers, Queen Square to explain the letter to them.

Although perhaps it’s best not to engage the services of St Johns because they’re, apparently, a shower of IDLE TOSSPOTS bleeding the public purse dry. Over three months later and they, allegedly, still haven’t managed to supply the council with a legal opinion on a short letter on a small point of planning law!

Construction of the plant therefore CONTINUES while the Day Group attempt to obtain a licence from the Environment Agency to start manufacturing their poisonous crap at the site. When questioned by locals on why they were processing a licencing application for an unlawful facility, the Environment Agency responded that planning was not an issue for them.

Meanwhile Avonmouth’s two local Labour Councillors, Don “LENIN” Alexander and Jo “STUPID HIPPY” Sergeant have gone very quiet indeed. Having promised residents they would FIGHT the plant, anything they’re doing to stop this unlawful and potentially harmful eyesore in their ward going ahead appears to be either TOP SECRET or entirely INEXPLICABLE. They have, however, found time to vote to keep their taxpayer funded sandwiches and parking spots.

Promises, last month, from the useless municipal duo to ask the Reverend questions about the facility at Full Council mysteriously NEVER HAPPENED, while enquiries from residents are stonewalled or ignored. Are this pair of rookie politicians being BULLIED in the shadowy corridors of power?

The Day Group are now offering TOURS of their illegal installation to the community at large (except for local “moaning bastards”). Especially any locals who might be likely to accept the largesse of Merchant port bosses through their QUARTET FOUNDATION community slush fund, now run by Sue “Bullshit” Turner, a former Port of Bristol PR boss.

The strategy of state agencies, who should be PROTECTING US to support the Merchant Venturer-run Port of Bristol and their POLLUTING corporate clients is now perfectly clear. Once the EA grant a licence for the unlawful facility, the local authority can then point to the licence to claim the facility is lawful regardless of the planning situation.

All they need to do now is keep any pesky residents and councillors quiet until it’s too late.

DAYLIGHT ROBBERY?

Day_Group web

Why would the wealthy and well-connected need planning permission to build this?

Our dear old friends Mordaunt and Ord, that pair of dubious MERCHANT VENTURERS running the BRISTOL PORT COMPANY at Avonmouth, are at it again. Pissing off the locals and paying scant attention to the law while Bristol City Council and regulators attempt to look the other way.

So step forward the DAY GROUP who Mordaunt and Ord have allowed to start building a BOTTOM ASH manufacturing plant in the port grounds without either organisation recognising the need to get, er, planning permission. Is planning permission only for the little people now?

Instead, it seems, our old friend, bent council planning officer Angelo “King Pawn” Calabrese appeared to give the Day Group the nod in August 2015 to build their POLLUTING manufacturing plant – where TOXIC remains from waste incineration will be made into asphalt blocks for road building – within yards of people’s homes. However, the King Prawn actually issued a ‘PLANNING CONTROL NOTICE’ that formally registers a change of land use, not planning permission.

Day Group and the Bristol Port Company are now relying on ‘PERMITTED DEVELOPMENT RIGHTS’. Legislation that allows ports in the UK to undertake development without planning permission on their land for the purposes of shipping or for dock-related activities such as loading, unloading or transporting goods . A manufacturing plant working with toxic material run by a third party is, of course, under NO DEFINITION a docks-related project.

And Bristol City Council have already admitted as much. In a letter sent to the Bristol Port Company on 3 September 2015, just days after apparently allowing the plant to go ahead, King Prawn’s boss Paul “HOT” Chick told the port in plain English and in no uncertain terms, “With reference to [..] ‘Permitted Development’ provisions it is clear that industrial operations ARE NOT included.”

So now, in November 2016, how come this plant with NO PLANNING PERMISSION is nearing completion on docks land? However, thanks to the persistence of Avonmouth residents the council has been forced to issue a PLANNING ENFORCEMENT NOTICE, which should result in the companies, at least, having to obtain retrospective planning permission. Although residents are demanding a STOP NOTICE from Bristol City Council and have called on the EA to SUSPEND their ongoing licensing process for the plant until the case has been decided.

Arguments for ceasing the development are sound when you consider that bottom ash is the TOXIC REMAINS of incinerated materials, which could include heavy metals such as Lead, Copper, Zinc and Barium. While batches tested in the Environment Agency’s (EA) own studies contain as many as 73 different tasty and nutritious ingredients. Why not test the EA’s claim that Bottom Ash is inert and non-hazardous by throwing a lump of it in your fishtank or by licking it?

It’ll be interesting to see, then, how the port, Day Group, the council and the Environment Agency wriggle out of this one so tthat hey can continue their mission to poison the residents of Avonmouth