HL Deb 26 November 1970 vol 313 cc233-5

3.12 p.m.

LORD GARNSWORTHY

My Lords, I beg leave to ask the Question which stands in my name on the Order Paper.

[The Question was as follows:

To ask Her Majesty's Government whether it is a fact that Messrs. Laings, contractors on the most easterly section of the Midland Links Motorway, opened a borrow pit and removed 600,000 cubic yards of material without planning consent and without any reference to the county authority or to the Midland Ministry of Transport construction unit.]

LORD MOWBRAY AND STOURTON

My Lords, sub-contractors employed by Messrs. Laings removed some 300,000 cubic yards of material from a borrow pit near Swinford. About 250,000 cubic yards of this have been used to form the embankment on one of the Midland Links Motorways. Under the conditions of contract, which are applicable generally to roadworks and other civil engineering contracts, the contractor is wholly responsible for obtaining fill material outside the site of the roadworks and any necessary planning consents. I understand that the planning permission given by the local planning authority on July 23 contained provision for the restoration of the land by September, 1972.

LORD GARNSWORTHY

My Lords, while thanking the noble Lord for that reply, may I inquire whether the borrow pit was opened up before July 23; and would the noble Lord make it clear that this was not a case of the borrow pit being opened with planning consent?

LORD MOWBRAY OF STOURTON

My Lords, the noble Lord is correct in his assumption that the borrow pit was opened up before planning permission was given. When the local authority drew the attention of the sub-contractor to this, he applied for planning permission and it was given, with conditions which can be enforced legally.

LORD GARNSWORTHY

My Lords, can the noble Lord indicate what fill material is going to be used to re-fill the borrow pit, and whether, since a colliery pit heap can in point of fact be seen from the site of the borrow pit, it would not be much more sensible to use the material from the colliery pit heap?

LORD MOWBRAY AND STOURTON

My Lords, that is very much a matter for the local authority, who are the planning authority in the area. It is for them and the contractors to decide what is best.

LORD GARNSWORTHY

My Lords, would the noble Lord use his best endeavours, and get the various departments concerned to use their best endeavours, to see that local authorities, first of all, are alive to what is happening in their areas and, secondly, ensure that the contractor uses material that will not cause the devastation that the digging of these borrow pits in point of fact creates?

LORD MOWBRAY AND STOURTON

My Lords, I think that whatever devastation is done, it is in the interests of the local authority and the county council to see that it is restored properly. Their planning conditions can ensure this.

LORD GARNSWORTHY

My Lords, I do not want unduly to press the noble Lord, but does he not appreciate that this is not a matter limited to the local authority, but is a matter of national importance?

LORD MOWBRAY AND STOURTON

Yes, my Lords; I do appreciate that.