Wild Land News no 59, Winter 2003/2004

Harris Superquarry threat continues Article

As we went to press, a decision is awaited on a Court hearing that took place in November between Redland / Lafarge and the Scottish Executive Inquiry Reporters Unit. This is the latest twist in the long running saga whereby Redland (and now its new parent company Lafarge) wish to establish a superquarry on the Isle of Harris.

Redland / Lafarge, if you remember, , were notified in November 2000 by Sam Galbraith, the new Scottish Environment Minister, that he was refusing their application to build a superquarry at Lingerbay in south-east Harris. This decision took place following a very long public inquiry after which the Reporter had recommended approval be granted.

Redland /Lafarge still have an appeal pending on that decision; however this case in the Court of Session in Edinburgh last November concerns another potential superquarry (on the same site).

Not a golden hit from the 1960s

Redland / Lafarge claim to have an old planning permission for a quarry in this vicinity, approved in 1965 by Inverness County Council. Redland / Lafarge argued that this permission could allow a quarry of 600 hectares, even bigger than the 459 hectares proposed in the Lingerbay application above. Western Isles Council refused to add this planning permission to the list of such old permissions every Council is required to draw up. Redland / Lafarge objected to this decision of the Council, and a Public Inquiry was held, adjudicated by the Scottish Executive Inquiry Reporters Unit.

A mini quarry is all that's allowed!

The Reporter's Unit concluded that the 1965 permission was valid, but only for 5 hectares. Redland / Lafarge are appealing this decision and this is the case just heard in Edinburgh. The decision on this is not likely until the New Year 2004.

Further delay and yet more appeals

If Redland / Lafarge lose this Court of Session action on the 1965 permission, then they could appeal to the House of Lords. If they lose that.. then they still have the appeal against the decision of Sam Galbraith in November 2000. The big winners are the lawyers; the losers are the people of Harris with yet more indecision, plus the Scottish Executive which has to defend its decisions in court (paid for out of our taxes) against the huge multi-national firms.

Outrageous

The Wild Land Group feels it is outrageous that the legal system is being used by a rich and powerful company to undermine the democratic decisions of a local authority and the Scottish Executive, and the independent planning decision of the Reporter's Unit. The demand for aggregate and the market has changed significantly since the original Lingerbay superquarry inquiry. In addition there is now even more awareness that the fine landscape features of South Harris, the Minch and the setting of the Outer Hebrides needs to be protected from these sort of intrusive developments.

Campaign

Friends of the Earth Scotland have continued an excellent campaign against the activities of Redland / Lafarge, and their website www.foe-scotland.org.uk has much more information on this topic. Other NGOs like us have been keeping a concerned watching brief on the matter, hoping that the Scottish Executive and its Reporters Unit will stand firm on their previous decisions. It seems highly unjust that a potential legal technicality could allow this huge intrusion to go ahead, and we urge Redland /Lafarge to withdraw their appeals immediately.

Final thoughts

I remember being on South Harris for a holiday when the Lingerbay Public Inquiry was sitting there, and going along to watch proceedings being held in the village hall. The image of lawyers and advisers with endless files sat uneasily with the breath-taking scenery around and about, and of the Community, wishing to have some employment, yes, but also wishing to have some control over their local resources and how they are exploited.

Perhaps in 10 years time planning students at Universities round the country will be studying the South Harris superquarry case as an example of complicated planning issues overlain by legal appeals and technicalities. Unfortunately the best resources of Scotland - its landscape, its character and its setting could well be squandered by then, at the altar of filling the voids below miles of tarmac on ever expanding roads and motorways.

Alistair Cant