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This is our understanding of the story so far... 22nd Feb 2007 – Cemex UK Ltd. Applied for planning permission to extend the planning restrictions:- operating times, extraction quantities, excavation area, etc. 11th Oct 2007 - S.Glos. Planning Committee rejected the two planning applications for time extension operation. Cemex continued to breach. 7th Nov 2007 - S.Glos. Council serve a compliance notice on Cemex to cease operation. This gave them 28 days (until 4th Dec) to stop. Cemex continued to breach. 20th Nov 2007 - Cemex notified S.Glos. Council that they intend to appeal the planning decision. 5th Dec 2007 - Cemex continued to breach. Production increases. Portable crushers brought into quarry to supplement primary crusher. Lorries used to shift rock out of quarry as conveyor to shift rock to processing plant is unable to cope with quantity. Operation extends not only into the evenings but also on Sundays. Cemex legal representatives complain to S.Glos. Council that the Compliance notice was unfair because it did not allow them to appeal it. S.Glos. Council legal representatives agreed with Cemex. S.Glos Council withdraw the Compliance notice. Just before Christmas... S.Glos. issue an Enforcement Notice to Cemex. This differs from a Compliance Notice as Cemex can appeal it. The Enforcement Notice takes 28 days to take effect and then, on top if this, there is a 28 day compliance period. So... Cemex can therefore operate in breach until Feb 2008. They can operate longer than this if they appeal the Enforcement Notice and win the appeal. Jan 2008 Cemex continue to breach. There are reports that the coating plant and crushers are working through the night. There are reports of them now also operating anti-socually on Sundays & bank holidays. They are also breaching by moving agregate from the quarry to the processing site using lorries and not the conveyor belt (extremely dangerous). There are reports of strong odours coming from the coating plant - smelt over half a mile away. People are being woken by the noise of the operation. It appears that Cemex owe S.Glos. Council hundreds of thousands of pounds in work and cash for planning 106 agreements that have not been satisfied. …is this case is an example of the way in which the law fails to protect the ordinary citizen against powerful companies with highly paid legal teams?
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