Document 2q9qJXQDVgpyRb4G45Xbn404p

r r..... r J Ton .M Country Pltnnln. Act 1963 Pyby.htr. County Cn.in.-< 1 CtoKtUto-l^rrlt^ Kvrtl Pl.trlct Council Report of * public inquiry into on Application by Thonns Hancock United for peralsslon to use land At Crist quarry, Buxwonh fa* tipping inorganic industriol este. i i I- i Aujpist 1966 o Ii i i i J. SUiWiR, O.B.E.. A.#,X*h*V. '* Inspectorate K. U. ELLIOT?, T.3., D.?.S. Assessor rr August Z9od. the Right Honourable R.H.S.Croisaaa, 0.1.1., U.P., Minister of HouelAg aao Local Coveraaent* Sir, *. X hav* tho honour to report that on Tuesday And Wednesday, *y.t 1 i*.k July l$i si tho Sural district Council Offices, Hayfiold Kent, CL.;,ul*en-lo*rrlth I held a public local inquiry into an application by ?co.s>s Hancock Halted for planning peroission to use lend *t Crist qu\rry, Busworih for tipping of inorganic industrial vesta. . Z vus accompanied by Or. H. k. Elliott, H.B., D.P.H. acting a* Asses sor in respect of puhllo health cottars* . Tipping is alrandy taking plaoe in the quarry and Ms b**a the ssbject of strong local objeotiens including a petit ton to the Derbyshire County Council* A principal ground of objections is an alleged hnsard to public haslth fro* part of the vesta (asbestos dust) being tipped* Subsequently, It was decided to call in the application for decision under section 22 of the f*n and Country Planning Act 1962. joarirXton of tho Site and its Surroundings , ?he site is located about 100 yards to the east of the village of saxorih on the south side of the Black Brook in the Chopel-ea-le-?rlth Rural District. r. The site, known as Crist quarry# * roughly rectangular in shtpe, ccatering appr&zisately 1,200 feat by about 600 feet, and has ar. ar*a of about 13*9 acras* Xt comprises a disused gritstone quxr.-y s.-wstod Lite the southern side of the Bleck Brook VAlley froa tho level ;f tho south bank of the brook froa where nee ess tn the qu*rrv floor :* obtained. Tula floor is fhirly flat .?:l cn*s:;***ll ti e c:c.kr. r. .jo r it .i- or the qutrry lnsreaso in depti. wswa .he south reaching a aaxisus at the south-east comer whore tho face is probably 100 to 150 feet deop. *, Tipping of baste enterlals into the quarry by Theses Hancock Halted is already taking place and alsost the whole of the floor has boon covered by one layer * few foet deep* A few old car bodies have else been dumped into it* Sose tipping of waste over the edge of the quarry face at tho southerly end has taken plane la tho post* *. Conerelly the site Is adjoined ea all sides by pasture land but there is soae isolated housing dovolopamt la tho vicinity* This includes a fov houses near the quersy entrance and fronting a narrow road running along tho western side of the quarry; also a few near to tho soaMwestarn earner of it comprising tho easterly extrasliy cf doveiepaent along tno public highway through Barren Clough. The m;*rt houses are about 130 to about 272 feet froa tho quarry face* A iiv.l* further awey to the east of tho quarry there are a few sore houses. . The site is approached froa the wet froa a public hli>wy running through Biscvorth village. At present vehicles visiting the quarry tics 1- r r-a- w W %Jiie read onto * rough track along the aid* of a hoes* tad thin over 4. n-trrew bridge ff the Black Brook and continuing partly on end pnrvly ^2i.*.;jld the route of a foraor trdsway to the quarry antrar.ee. the futile highway continuing southward* through the village e-d then oset- though Barren Clough prevldi) an alternative route to tho quarry; thla la tortuoua# narrow and 1a placea steeply graded* A publie footpath creates th* north-east ooraer of the quarry* Bcxwarth rlUi{ la losstcd on tho elaea n hl^iway 3.6062 which ruts between Chspol-m-le-fritb cad the trunk rood A.6 at Brldganoot between whaloy Bridge and Kew Villa* . *2, Tha alta la shown la tho county devalopamt plan aa betas included ir. a "white* area. * r^r th* Annlleant* (Thorne Hancock Halted) it. The applicant flra were apeciallats la tha handling end disposal of Industrial waste* They operated a fleet of over 70 vehicles and handled over 10,000 cubic yard* (about >,000 toaa) of waste a woak* ill of it taa tipped at controlled tips, eight of then being operated by the fire fer their exclusive uae* tIn I964 the firs introduced the Daspater Duopeter ccatnlnar syztes cf waste handling at the Chapel-ea-le-Frith factory of Farode Halted. Bose 21 totally enclosed stool containers were provided and sited at diffarent points around tha factory where waste was produced, X specially, designed vehicle loaded and carried the containera to tip whore thv were mloaded by she opa*etioa of special controls inside tho vohlcle. All Ybhiclos wart fitted with two-wsy radio sots so that breakdowns could bo re^rted isaodiatoly to head office and appropriate action taken. The quantity of watte reaovad froa the ?erode factory was about 125 cubio yards a day* Vest of this eoajrlsed discarded brake end clutch lining* but it also included about 20 cubic yards of grinding (asbestos) dust and sene floor sweepings, paper and cartons which could not easily bo separated fros the remainder of tho wasto, . : The coatalars sited at tho foetory win either of L zr 12 cubic yarns capacity and on avorago about twelve containare a dty ware taken to tip dirlag ncraal working hours on Mondays to Tri days and about six on Saturday morning*. Vo deliveries to tip wore normally cade on Sundays. Tho waste notarial* had boon tipped at the application site at Crist qu\rry sine# 196b whan it hod boon understood froa tho laid ocyi that planning consent existed for the tipping of Industrial waste i. As subsequently thla proved to bo incorrect the firm had sale tha prscant application to regularise th# position* tv. At first tho waste materials had been tipped without adequate cover and this had lad to occasional firea resulting in eosplainta of snoko and aaall; double had else boon expressed chatter tha grinding dust ought to be tipped at the site without see# fern of pro-treatsaat* Soso tipping had also taken place over tho edge of tho quarry face. In October 1965 tho flra had engaged on contract a largo buildssar to work full tine at tho quarry, including Saturdays, to leva! cad owes; all tha deposited waste. Since then th*a had bean no fires* *.?. The factory casta was tipped In a shallow layer about a fest doep c.i covered lcsoliataly with quarry casta available en the slta to a depth of about 9 to 12 inches* Znstruotlcns to the bulldozer Lrlrmr includod a requiroamt to cover all waste, including the tip fees. a I- (ft i [before work ended each day. A large supply of suitable covurtng 1 cater lal existed lo tha quarry; * If ud wh^Q this was finished sthor cuitable aatvlel would to inportad. ; . It was not norsally Intended to tip refuss it the qitrry ctkur thin that arising at tha fared# factory but it eight bs neto tip on tszwslor.tl load collected froa sons other local firs. It wes _*.likely th*.. casta would be broujh* to tha slta froa outlying districts. Allowing for sooa increase in tha quantity of nsta arising at tha ? erodo factory It ems anticipated that the site would provide tipping facilities for about 2> years* : Soso difficulty had bean cxperlonood with dust leaking froa tha containers during transit; this resulted froa distortion of the bottoa unloading doors To onsuro that containers war# properly naintainod tho applicants nad arranged a nonthly inspection And repair contract with a local fira. An assurance was also given that all drlvera would be instructed not to use any container in a defective condition and to seo that doors ware properly cloaod at all tines during transit. These scasuras together with those new taken at tha tip and the f.-.ct that the grinding duct was now packed at the facicry in paper bags should ensure no further difficulties oitha* during transit or at the tip. Provide# proper care *u* taken, tha two-ply not strength paper bags did not toar eith<s* in transit or on discharge at the tip; r.cr wira they docaged by tho bulldozer, the bags ecrely being covered over. After considering two alternative epproach routes fros the public highway in Buxwortb laoedletely to tho south of the route new used, it was now proposed to use a third alternative further to tha south even tually Joining th# forac trafiwsy* This was dots acceptable than cry cf the ethers and was favoured by tha plar ting authority. Part of tho land required was owned by British Waterways and part by a Brewery Cocpany but negotiations with then# bodies appeared to be avoring a successful conclusion. Tho application therefore should bo considered or. tho basis of using this route* It in# not donled that conditions at the quarry in tha oerly stages of tipping had been laastlsfaetory but tho applicants hsd learned froa their mistakes. It was right that conditions of use of the quarry should not seriously inconvonlaneo tho local residents and both the applicants and fared# Limited took a responsible view of tho position. If planning pcrnissica war# given it was Hancock Llsltod's intention to purchase the quarry, and tho track fordag part of tho approach rout# would bs aado up to a reasonable standard. The firs would also use on# of its out bulldozers* L`f. Tho fiodieal evldcco givm at the inquiry Indicated *.b.t in the pr*s.r.t state of knowledge it would bo safe to tip the crir.iinj at tha quarry subject to proper aafsguarda. It was suggjzi:! - \ t... ccndlticna proposed by tho county council would provide such sai* and sect other raasorjiblo requlranants. Conditions too stringuv, in character would bo lcpracticablo of appllcatla but the applies^ .z would bo willing to dlsouss any reasonable anondacat of those zuijsstwl* .. . Dospite suggestiena, with little foundation, for tha zoaatructlcn of a aarina in Buxwortb and for aa extension of tha faak Park to include it, tha area had little anonlty value and tha slta was an tyosere and '. ;*i.iic of a past Industrial ago* Pwralsslon should be vai subject tc conditions slnilsr to those proposed by tho county eniBell. Case fer frredo United T;'. ferodo Limited'* fact cry had boon located at Chapel-zz-le-..*tth x*cr acre than 30 years. It acpleysd 2,300 worker* on a shifx syxtsz working 2X hours a day* .............- __ _ _ " 'r'vrW^F' I ' ^bout 2^0 ton# month of various type* of miti had to b# disposed of from th# fat lory and this had to bo Upped. If tbo waste could not ,b# disposed of it mould bo necessary to close tho factory In a uttr of d^ya. Tho mast* consisted mainly of ofT-muts and methix lug waste fron tto manufacturo of frletlon materials, together with soda pioca waste. 7. About by weight of tho total waste am# dust collected from grli^llng ar.d cutting cochin as. This grinding dust had boon diaposad of during tho post 25 7ears by tipping in quarries In and around tho Chapel arcs. It consisted of a mixture of asbestos and various other materials '-Sr.cad together mith synthatlo rosin. Tho ssbostos fibres ore thoroughly cootod with ratio during manufacture of tho friction materials. Tho only typo of asbestos used in tho factory was chrysotila (whit* aabastos). . . Tho dust had boon tipped in loose form but during tho last few months a bagging plant had boon installed at the factory, tho dust being collected in 2--ply mot strength paper bags. Tha bags mare half filled and the nocks secured by mire aftr bunching* hogging started on 2$th Xnreh 1966 and gradually axtended until on tho 2?th dun* 1966 all dtut was bagged before despatch for final disposal. Any abastts * contained in floor amtepings wos mixed with rosia before baing deposited in the vssto containers. . The eoapony had node tests In tho vicinity of Crist quarry to deter* mine the extent of atmospheric pollution. Semples of air more taken on three days In Uay and nine days in Juna 1966 from various positions around the edge of tho quarry before, during and after the tipping ef loads of uibsgged and bagged dust. The results obtained fron oil the socplss ehoved * total concentra tion of particles, and a concentration of fibrous particles of'all kinds (i.e. particles 4iloh might originate from asbestos and oth<r sources) well bole* tho limits ganirally accepted for factories 1a which ne masks would be required by the workers. The sampling and cowtlng had been done by a method approved by the Asbestos Research Council. Case far PrrWshlro Camtv Council as local Planning Authority . In 1950 the Chapel-cn-Xe-Trlth Rural District Council had subnitted to the county council copies of form R, being an application for deemed planning permission under Sectlca 55 of the Town end Country Planning Act 1*K,7, to use Crist quarry for the tipping of waste material or r-fuso. Uo objections to this had been raised by the county council yi;oct to control ef the tipping. The form had been completed and r.turssd but it *ae understood that the district council had net for- t.rirt it for subsequent approval to the Ministry of Health. . In January X965 the rural district cause 11 had submitted an appllc-tica for planning permleslon for use of the quarry as a refuse dis posal site. The application had boom advertised locally and consequent or. this the county council had reeelvad auserous letters of ebjeotion and a petition signed by local people protesting against net only the proposed us# by the district council but also about an unauthorised use as a tip by Thocas Hancock Limited. * Following inspection of the site by a sub-committee, eo=;idar*ticn of the views of local resldaiU who had formed a Ratepayers Aassciatien and of the nature of the bulk of the material being tipped and of available information they had about it, the County Planning Cosmluea . had considered that cocditlanal permission could be given to the district council who had bn Intending te acquire the site and to control a*1 tipping operations as swuri. However, the Intended acquisition had i O 4 1 \ \ .u I t ::*l elf lrt*4 mi on 12th U*y 19SJ th. Aiitrlct eocncll iv.i iot.their wish to withdraw the application. . Or. being inforsed of this position tbo County Planning C..i:".ie fad authorised enforcement proceedings to stop the uruuthoris-l opuratlcns. Although there hod been some sporadic tipping into the quarry In the past the eetnty council did not accept that any existing uso right es an industrial tip existed and enforcement setisa would frohobly be the natural consequence of aqy failure to obtain the pornieklcA now sought. , Cn notification of the possibility of mforcomcnt proceedir.gs sting taken against then. Thoeas Hancock Liclted had in July l?6j subait 4 tho present application to the rural district council. Fcliouir.g ii> iv.slops with the applicants about safeguards and access, curia' which cosplclnts shout conditions at the site including refere.**oj to reticles in the press about possible hazards to health from long term exposure to asbestos dust had continued to be received, it had been derided to transfer the application to the ceisity council for determineilea. Th* county council considered that parxlssien could be give*, reject to tho imposition of a nusbor of conditions as sot out in the sch lulo sent to tho Department with tho county council*# letter of 25th February 19(6. These included for provision of fencing end gates to preclude unauthorised tipping end for the planting of trees, for th* proper control of the tipping in layers with regular covering of each layer within i8 hours, for the avoidance of nuisance at the site and -f . spillage from vehicles during transit and for regulation of th- .';oai levels of tipping and restoration of the load. . It hid boom also intoided to rcs^ict tipping at the site to the ho-xs between 6 a.t. and 8 p.a. on weekdays, between 7 a.s. and 1 p.e. oc Sundays and to one load an hois* outside those tines. A part of the sit# at the northerly emd, sdileh might be required for future road works, vc te have been excluded from any tmiwt, . It was believed these conditions were seceptable to the applicants. Their effectiveness was dependent, *s always in such cases, on th...r sbjorvanee by the applicants in both spirit cad letters but the/ *.vre capable of application end enfereit. * ; . The county oouneil had carefully ecnildered the public ho-, n aspects of the proposal but they had concluded there was no cvli w. *. to Justify refusal of the application on these groinda. Z~ . concluded that the preposal, if allowed, and subject to th* __ proposed, would have little adverse affect oa the general amenities of `t The quarry had long been disused end was Itself am eyesore i . district} filling by approved method* with approved oetcriais v. <-i far es practicable, restore the land to the forcer coniv sr.d sppemreAee ia an otherwise pleasant ares* . It was essential that Ferodo Limited should have long term dis.ieaal facilities s<:ch as vas'avsilebtc at Crist quarry for their w-s:e, v*x. to uaintaim production at its present level. The population of ui1. jn-ie-Frith was about A,7*J0 par sons and any Interruption of production voaU have considerable local affect on the level of espleymam: Jr'.st quarry as about 2* mites from tho factory sad me oth<r availt:!* or ^ ccaywoV.e site within equal dl stone*, suitable for west* dd.yesal, to aid be suggested. fiU, regard to access, tha Ch*pel-i-le-Frlth County hoods Adviser/ ^ imiltee had raised no objection om highway ^rounds to the earlier -5- 'mM- f ...nation aade by the rural dis-riet council d this had beer. caa- *-*** by the Couni/ bridge* and C*aistee. The County a--**Cor raised oo objection to tho present application subject to iV.rtlflS f fu.ure roadworks and to UaiUtion f tipping l*voW .fclcS. hd boon %.Xin ucma'. of in tho proposed . `8jWcr#ii had boon glvet. to uilA( aa litirnaiiv* tcttu to that n: tvlAjj ut*}, 7ho County Surveyor had reportvd no objoetioa to tho iu of * nar.-ciMoairiod rood south of tho lctlnc m(m and isnediM-ly to ti.o ft*irth of tbo XsvigatloA Inn, Itunrorth; thia ai praforrod to -nothcr l&sodlelely to tho south of tho Inn. . doth of theao allornative routes aero considered to bo public .igh*/i but tho Brewery Conpony hsd disputed this, To ovoid any resulting delay caused by this dispute a further altornatlvo rouvo along a ]rlvt* road sooth of tho canal adjoining tho li(vi|pilor. ten cat pork had boon considered. Tho eppllcents lied reported o satisfac tory conclusion to thoir negotiation* for tho uao of this route *lch British '-eierwiys; a decision rUtU| to a as* 11 port of It owned by tho oratory Coapany awaited tho outcome of tho inquiry. . The County Surveyor considered that thia rout*, although not cutp.letely satisfactory, provided tho boat noon* of access to the ilu. Kw considered however that if aero than one vehicle was to bo used far the proposed tipping ihca tho acccas should bo widened for a dlunr.ee cf 30 foot back froa tho highway botxidnry. Xt was further stated that tho access road no on tho ooao lino * tho Chapel-eo-le-Frith Sridgenoat Diversion but as tbio was a long tor* schooo it was thought tho Divisional Rond Sr.ginoor eight not consider this sufficient to warrant refusal of tho proposal. . It was not denial that tho foraor traawey road had got into a bad condition during use of tho quarry by Hancocks Halted but its condition hvA been gradually lxpreved during the recent period of nefdtUtlori "1th tho fira. Sf paraission were given to uao tho quarry tho county council hr.d powers under aoctlon 62 of tho Highways Act 195$ to deal wish desage to roads resulting froa extraordinary traffic conditions. Case fer Chntel-on-l^Frlth Rurol District Council . Tho tipping of wests ot Crist quarry by Theses Hancock Lloitod hod tv n uncontrolled when it begun in Hovewber 1$^A; there had boon no sew. if. attendance. The ceapany had boon warned about an outbreak of :`irw in N'ovoabcr 19&A. . In December 19A an abatement notice under tho provisions of svctton 93 of tho Fublle Health Aet 1936 had been aervei or. tot.. o./.ers of the quarry and Thoona Hancock Halted requiring thea to extin guish the fire. The coapany had undertaken to coxply; they brought ir. noth ntcwl equlpamt had the fire nad been finally brought under co.*.t.*tl cn 1st February 19dJ. During thia tie# tipping had boon cone in an haphMATd sxtner, aoaetloee fr- over C.e top of the quarry fee*, causing wj.ecsessry dispersal of dust. These unsatisfactory conditions n-l `-ten ag/P`vntod by tipping by other interests. . The district cowtsll being of the opinion that tho quarry i ... .'.ii site for the controlled tipping of refuse decided to try to purchiso it. Under their control os owners it was considered prc?* control would bo astral and uaouthorlaoi end u* controlled tipping pro- vented thus satiefylft* tho Justifiable coeplalnts of loeal raldr.ts. A{fitHU*.iUHon:f'oTr ppwla-nwneinngg ceoonneseennst,, hnoe*eovverr,, bbaagd rreessuullttesd* In sveoral tJsedsUiloofts and lbas necgeoiUlr*tl4a--oi -w4it-wh thko*' m*----i-r--i* fa"ile` d. t t~- -JtU- . Zt. tho oKntloc isthoi; of tlrMnr <*t the nmrry hid rrait is, roved kt.4 although si* flrua i cscjtjb al.c* *.i * ; '% : ' . !ud beer. ir. Au^st 19C5 whan control b* been reaxxoa curii.g ^.w . *.;* *.*.vo ?.rcdo factory holil;.ya. This fire had continued \r. sa-.ll w. ta.vll October 19b5 and there had boar, none since. * ' . It was ossontlsl tint Ferrdo Liaited should have a sor.vet.iu.tly scc.-aclble site for the disposal cf their trade waste. ?r)*t rxrry ;;`>.vlddd ecacr.tial need. Tipping, hewovtr, oust be strictly eon- .rillwi ir. accordance with eodarn standards; subject to this the site "ts ccr.sidoroJ to be suitable. Since October 19&3 there hed been no .'viaonce of fire or dispursal of dust at the quarry; this indicated that the prci-ir control Beasuros could ba applied and th* t nuisance could to ;;*'.vuf.ivd. The council's kcdlcal Offlctr ot Health had cenaiderr* the nodical as;-ct3 of the propose*., for over AO years waste products froc the factory had been tipped at two sites within the rural district at Ti.o -*ih** and Burnoor Clough. tensive Laveetlgatlona end inquiries had t'.kcr. placo to find out whethir there was any correlation between Ivr.g eiiicer esses ar.d the vleii.it/ of. theso tipping sites where asbestos dust had boor, tipped loose. . ?roa the records of deaths, froe the Uass Miniature Rsdic-^ephi' turvey results of 19&2 or.d 19Co tnd from the Medical Director of the latter Unit and tho opinions of local doctors, no evidence could be found that there was any ccncentr-tion of lung cancer cases or :r.y soaci.tirntior. of eheat diseases in these irfit. There was no evidence of increased incidence of lung cancer in the district even considering that a proportion of the population corked at the zerodo factory and were exposed industrially as opposed to env ironaantally. . Subject to tipping being done as proposed it ws eonddered i:..v wk.s no danger to public health. The cotacil, therefore, h*d r..* iv.Jce llon to the proposal provided letlsfeetory conditions were ls;osed on any ccnsent ineluding one to control eecet;. ftnegcr.t bv Dr. J. C. Vomer , Dr. Vagttr, an expert in experimental pneuaoeer.iesls, gave av'dacce 1:. a pwrsorsl capacity to csslat tho inquiry and not in support of any of the parties represented. He said it had been accepted for et least forty years tha. ther* .1 risk to individuals exposed to oxecssive eeovnts of asbv^tos lust tr.ii.il -y; it caused esbestosis, a progressive scarring of the lung. Ter the lest twenty ysers It bad been shown that there was or. aisociatior. hvtucen severe *sb*totis and cancer of the U*ng. For these r.\iaam, i-igcrous control of tho dust within factories n. now wiiesprt.l. 'he rr;srtu r.usber of non-oceupatlonal eases of esbestosis was tsiU sto;-crod with the totel and usually the disease vet not severe. *. aithin the last ton years there had been three findings rIcv^r.t va the health hwsards of non-ccejpetlonel exposure to asbestos duet. Tbese wore still being investigated and it was net possible t; proser.t to reach a final conclusion as to thoir al|plfloanee. , 'fho first finding was the dlscoteor of asbestos fibres in tho lun^s of people with no known occupational exposure to asbestos. Drt*en 25C.-.1 o(fw of eldsr people had been shorn to carry asbestos fibres within the lungs but in the oejorlty of cases the nu^er of fibres present was net Auaerosi* exeept in thoso who had been exposed oeeupatlanally or had lived in arses oore than usually closely associated with asbestos slnlnq cr product ion* 7 1 'll'.? ..: "M-J ;. .......t. . ?k# ieAd,flfldlA| th Aieev*ry in aoc cmlrUi il;. AT** definite at** of thlckatlng tho liyert of the of *.?.; 4***1iiy (th# pleura) in people living in th vicinity of .4br*iss -- fca t^ttorin* Thi# thickniA( of th# pltur hid lone &* a ftiiv#* of tho* people hod occupational exposure to kiWcoi it Aid no*, of Itself appear t cause disability 1a cost cha*. . ; Th# third finding ad probably th ot icpcrUnt tc th ii-icv rj of wi MDociitioa between o^oiur* to itbtitoa duct uid rarv arising 1a th# lining Ujrora of th# h#at cavity. In contra#! with encotri of th# lung, which tended to occur in those ith imr iesia. these pleural tumour* could occur In people In who the c^o-ci to duct had boon Insufficient to product flbroaia of the lung. * . Investigation in tho countries reporting thi typo of tusour asso ciated with environmental exposure to asbestos suggested that tho;-a ^y be dif*irRC< with th various types of *#b#tOi. for oxauplv, no caii bn4 boon reported fro* tho nlAlag sreea of South Africa, wh<*r# there w-t exposure to only one type of fibre - chrysotll (whit# asbestos) cr aucslt (browr. asbestos). Host of tho eoaoa report*! hod loan oaiwciatvi *iih crocidellto (blue asbestos). However, in oat industrial countries it was (ossb to ela the diffvent type} thus environmental xpcsxr mould rarely bo to on# type. * It ms impossible to state eith any precision th iatoas!or exposure to sbtstos which had apparently produced those tumours as tht interval between exposure and the developnent of tuaoura was often very seiny years, hut. In general, It ppoared the exposure had beer, relatively heavy. Th incidence of th pleural tuaours was still very rare; of 200 eases ioiem In Britain, only about ICfi had wpparwitly orison in association with environmental exposure. . 1Shite asbestos dust could net he coepletoly exon era tec. Exceasiv. ;>iur could cause searring of the lung but this would h-.v *.o b# higher than tho eouats givon in earlier evidence. If bonivi /'..a resin y.# risks should b lss. In th prs#nt tat of totowlelgo h# considered there would be no health hazard if the dust f)rs tho Farole factcry werv tipped at th# quarry in aoalod bags and covered 1a eccord/.ne* with pr- aer.t praetle#. . Case for th# Buxworth Petooeycra* Association ' . Staple# taken frea a heap of duet and ttoa a paper bag ir. `.o :rry hud boon analysed end fouid to contain JCV* to asbestos by . ./At. Another staple had boon taken froa a window ldg of a heume ;. f . . ;b*ou tho quarry. This contained 2f asbestos nixed with ltacsic:: *#r.d, soot and vegetable natter. Th# aajority of tho asbestos ; c. war# bonded with resin but there were aoee fro particle*. C . Or. X. Kewkeuse had consulted a auahe of paprs on th# tasards .;* asbostos dust. Cases had been reported fro# th# London Hospital in poopl# who -sA 1 .#4 ner a factory using asbestos, and there tad been two Finnish aes in people who hud ilv#d near asbestos sines. These wr# onvlronoontAl eases, net industrial, end were of a ty;e which appeared to occur any yeore after initial *orposur to asbostos. ' . These iato-spponring case took either the fora of * thickening of the ;-lwur#, known as asbestos plaques, or a diffuse tuaour *f tho jlcur* known as aesothellota. host cenfiraed eass of Msothslioca hud been associated with blu# asb#tos, but whit asbestos was under ass/ldco as a tumour-producing *#nt. Asbestos dust could also ecus# aabostosl and img cancer. I v. Dr. .'.V-hous# couli not uxsn#r*t ssbestos bonded with resin as *. k-. ral.tisa to lung cancer but this was because it i not fcuer. h-,r it hsd th# swa #ff#ct as unbonded asbestos. Ik# did r.o*. ;la- tho* div. 3r. Vspt*.-* opir.laa about the present seVnod of 'ipi--'.*; - . .*?. k. A. if. Ces# r.'furred to oxprlaantl induction of tus^ws in i,, using various foi z of asbostos washed clean of other e-t*rils. k'h.ro was ovilenc# that whit# and other feres of asbestoa could ii.vok# it*nt tuaours In ani&ils. *iork don# by Dr. Itapisr on the erperi- a.<r.rroductlon of cancar in anlenls by th# ieplantetlon of asivstas A_t*. wta acntlond as well a socc cass of essoth-slloon, rhit# aalo tas might b# icplleat^i. Mo ednidr#d that anything w^.lch right bo car*lr.Oonlo oust b# treated with caution, sln4# the dose rats ro-;ulr^u to cause th effects mntlond wu unknown. Umsc*a;ary cx;-oa-3* to asbestos dust, even if it wore bondd, should b# uveidvd. C'\ Dr. Css# did not disagree with tho findings In nether lc*ra*d pApcr by Xr.ox and Doll (subjct to the qualification thiy had stated) ifvtt with good dust control *h# mortality rat# in asbestos workri w^s r.o tar# than in any other activity. K# agreed tber was xush eers to hi la-irr.cd. ^ruvld*d tho d'jftt arising at the Ferodo factory was trtr.t;cr'.d ar.d tipped 1a aealod containers and bags and that it bus ecverai dally with quarry spoil, ho agreed that in th# pr#sit state of kt2*l<idg# there would bo no ;frlic health hazard. How*vr, stspo should b# t>kat to keep out children end to prevent any futur# excavation of the site. . Apart froa tho health hsserd involved, looal residents objecttd bwoiui* tho us# of the quarry for tipping was destroying tho &otf.r.>cs of huxworth. There had bean considerable nuisance, including sssllt, froa fires end dust-stores until these had stopped In Uonzbcr 1^15* Local roods, specialty the foraor tramway, had got into e very bad condition bocauce of their use by lorries visiting the quarry. A bridge under the railway on the classified road leading to Bt&rworth provided only e limited clearance dnd the containers carried by Hancock*! vehicles tad scored tho underside of the bridge; tbe bridge was a bottle neck. . # Tho additicnal traffic generated by the use of the qu*\rry wav not only a danger to looal people but it oauaod nuisance froa noise, f;-V.r.g of local roads sad there tad besn daeoge toboundary walls of pro*.or*.', i; adjacent to tho present access. The lids of eontalncrs carried by th# vehicles had been left open, allowing dust to escape. This could ::> * v.oinat* goods jon*<thased in a local shop when lorries passed by it. ' v lorries had tipped other types of west# into tho quarry, including old tyres, taper tad been blown out of the quarry on to edjolntn* fie* Is. The canal basin in Buxworth had been suggest ,4 for conversion into a SM'ina by tbe Peek Forest Canal Preservation Society. Although th* Derbyshire County Csuncil had not been consulted about it, negotiations wst.~ proceeding with the Horth Heat Sports Council *nd with British Anterwoys, Th*e was also a proposal afoot by th# Voluntary Joint vcnnltt* for tho Peak District Ketiontl Park to obtain an extension of th? area of the Peak Park Planning Board, which would inslud# the 3isu-e.r*.ii arc# although this, too, had not boon considered by tbe .cunty council. ;**. ;*rt presoit use of the quarry was tneuthorlsed, end wnfsrcenent ss*.Ut had been threatened. Th*e was no doubt that Buxwe-th residents suffered eonaidcreble nuisance end Inconvenience. Dust bed bean t;;,;*od loose into the ousrry for eighteen aontta. It ns only *ft*r rc;.rosr.tetions by local residents that anything had beat den# to zls.Lzis# the nuisance crested by uncontrolled tipping into the quarry. ' II i.i'.it bagjing of the grinding duet cidit eUftlAtte ri/.'s i.t'.'.ih, ibtrt iu iUU a r&tk (Vm fi fm tuUbM : ....!Usl4oaU did tel ww.i va live Ia idftdiiUns lush at t'V.;; nnbaatcs had not bets eliminated fTesi *u*->lolou. uli Vi.*;; sat, Ineluding 4iturbMe of ihe peaceful enjoyeer.t of th* ..-e.. i.' *>.v traffic Involved, It we* submitted that planning ptriusiien thfeuit r.at be created. However, should tho Minister conaider that pcrnl.sicrt Vs gtv & i .r iu* tho local objections, then It m necessary to c;i;i.'*o* tho c.r.ci;laas to bo lepoaod. Those should bo very carefully dvJlgned co tHt ;.\;la-;.eo Ad incor,v cnlor.ee to residents la the arct-iV.: av&l-a.:. Zr.clr soola ect paramount aad just a* l^ortAt u those o: i 7` . There was co reason thy waterl*l tipped ot tho quarry should tot bvi cover*'! immediately; certainly withla 2k horn's utd not tS hours os allowed. in tho cmditloos proposed by tho eouaty Cornell. Nor, as ss clicked by thcao conditions, should thoro bo unrestricted uso of ths \Vii\svy except during tho night and .on &unlays. Tho number of l/.da dipo^itcl should bo restricted to twelve a day a Monday* Saturdays tt ho delivered between the heirs of 6 a.a. end 6 p.:. No tipplr.j thrall bo allowed on Sundays; this should be unnecessary if tore co_tliners were provided at tho ?crodo factory to store the rofu*c. 'tt. It sms also suggested that s tie# licit should be sot cn any i 1:--.-.i-\g consent. The tlpping life of the quarry had ocon catisatud at cp years; eireunstancoi ii'tohcago during this tine and difficultly c..ght arise in connection was** coapliaace with any condition; which could act new be foreseen. If a tie# Halt wore impos'd, tfc,:. tho whole natter oould to recAsldcrcd la the light of oj\y new :Yjcc--s. 1 tics licit of five years was suggested; this neod not be in conflict with a condition requiring final restoration, as sections of the quarry night te tipped ud coaplsted before starting the next, ' 77. If possible, a condition should also be loposed requiring the access roula to bo maintained in a reasonable state ef repair; the forcer traav~'j cas used by local residents travailing between lover end higher Crist. If a condition oculd net be loposed, this as another rules for limiting tho period of any icoiut. finally, there should so seas sort of tipping programs# to ensure that tipping progressed la an orderly annaor. L*t;*ra nut In r.t tho In entry ' 7;. Zn a letter dated 28th dune 1^6, the Civic Trust for the hortb Z.\m; considered that Crist quarry ms unsuitable for redans.io.; f-V.i*.;. It had by natural prooasses "reverted to nature" u.1 i: .-c_ net easily be r*-integrated Into the environment. Read uecss ms f.i* fro; SKticfactsry. It ms suggested that a nore Isolated sit* s.^;l. bo found, prcfe.*ably ia a quarry which could be reel*iced for on completion of tipping. 7 . Zn a loiter dated 2nd July ljofi, the Chinloy, Burvorth c;.d 2/cji.:ldo Pariah Council objoeted in prinolple to tipping into the qutr:y. They aero ccnceraed about access, the approach rout* along ths eU;;lfioi road being narrow and tortuous, and sought cn assu.'onee th_`; as no were hatard vo health frea pollution of the atnosj>hvre by tipping into the quarry than there was In any large city. The site should be satisfactorily screened if paralssloa wore given. I - 13 - i -wtrxx.ratfvxru.*.tvtir.C'* .* I o KJ ir/au 1 ?k> iftsut U this tsie li mi ftUply ef wheiher Criii qutrry i 4 suitable plsee on public health end ae^vity greueis for the dit^esoi ef i .atm ariiiAg 4% the fared* factory and, if 44, a what t*nUUw. it* u.. .'Vr this purpose should be allowed. The need tor those ii;j>o-L! fmcllttius is net questioned; indoed, having regard to tho suboVAr.;iol ..u'uttity of wsste involved, there Is no doubt that tho cv.\llabiliiy of a rcgulrr disposal sorvlce is essential if production at tho factory is to bo maintained. ' . *i>or is y other site suggested as on alternative; L-, fact, the local planning authority state they kiow of no ether evalhablo ar.i suitable site within equal distance of the factory. - . It is not denied by the applicant! that wh<A tipping started in srlat quarry in 19^* and fer sow* tine afterwards, it ass ^controlled. As a result, ini particularly of the consequAtiol fires, thiro is little doubt that local residents had good reason to ecsplein. Ccndltims such as those described by the resident* are the inevitable result of uncontrolled tipping. On the ethor hud, 2 agroo with the view of the rursl district comcll that pres At conditions at the quarry denonstrate that wtth propor eontrol tho uaterisls concerned can be tlppod at tt.e site vithout causing nuisance. New that ell finding dust la bagged, there cbeuld be no difficulty ia maintaining adequate control to avoid nuisance, and tho applicAts appear new to have tsJcw all reasonable steps to c.sure the work proceeds satisfactorily. U1.. Th<y have also ^va aiiu-iniu about walatticing the transporting . contaihcca Ad the aceess rAds in good repair; the eoir.ty ccuncil appe r to have the necessary powers to Msure the latter. Tho alternative access now proposed by the spplieAts and accepted by the eectty council appears to be the but of those used or considered end it scene reasonable . wo assuco that final agreeaeet will be reached to use this route. Vltb regard to tho alleged risk to public health frea tho taping of finding dust, it steal elaar frea Ac expert evidence glvn at tl.e iiiquiry that with all types of asbestos dust there is sene rick th~t huiuma say develop asbestos!* or lung CAoer or eertsin s-do loss conaen dosass*s of the thast if empesed to CAtideroble eoMm/.r;.......... J.'d'.t edbostes bee so i'a not bees incriminated; neithor hr.s ;: c wr. cmAorsted, Ad further ir.veslion appears to be needed, iiowover, is does soon that tc involve risk there oust be environment^, (n* opposed to industrial) ccposure to cmcAtratiAs CASiderably h. .er than these tr,ou by the dost counts taken at the quarry. Uereevtr, .ocul scorches on! inquiries by the Uedlcal Offlocr ef Umlth have revealed no evidence of increased iaoidooso of luac eueor ia the district where asbestos dust has be*.* tipped loose fer nary years. Tho doctor* giving tvldtaee at the inquiry sp*eoC shat jroviied the present methods ef transporting the dust in sealed bags iu prop^Xy* covered centalsurs Ad provided it wi eowed ea being tipped with suitable inert natericl, tbA there should be no health hatard la dis posing of it at Crist quarry. 31th this cy atsessor, dr. Elliott, specs. Hiving watceod the bags tipped Ad covered, he also accepts (as 3 do) that it cu be done safely. .7, The reason* islerlylng tho aecndsAtt to the propose! cAditicas as sug&uted by tho Rstepeycrs* Assoslatlen as Aderstaadsble, .ipcsii.Uy Having regard to thdr sccpuritncos of earllw tipping. 2 slso ^co.pt xij,t their subsequent representations played a substantial part in . - U- i ;*ci4*vljg the pr.acr.t satisfactory conditions *t the *.wj*ry. ..i'-i:*:, although the of if.* ccntrcl exercised t: i*.4 - & 11 of gsod faith on the pari of th. operator, 1 tor.ttir *..'-t - U.U case It uust bo accepted that tfce applicant* *1U ct/.tir.u.: to ijyJjf tne necessary sefvguarde and that, ibtr^or^, any ewr.e*r.t ,;ivcn t.*.dul not bo subject to b tie* liilt, In any case, for in* rvCsons olvon by tbo county council it seems loprectiuable to print a ttce- limited caoinV; filling and reiteration auction by section would to vu*y dlffloul. to achieve, especially In a pri--dot%r-dAcc He*. . Cn the other hand thoro It, In ay view, no reason thy *it *-*** -.'..riel tipped at tho quarry aocula not bo ccvired oally and that, r.tvin,; regard to the access lnvolvec, a lialtetlor. bo )il'ctu . th n-.ubvr of leads tippoa each any ao well as on tho tipping period*. :*or would it bo unreasonable to require tho applicants to suit it a working propraone for approval by tho planning authority. It totes to no that * delivery period of 12 hours between 7 a.a* and 7 ?.*. on Wendey* to Saturdays inclusive, allowing a aaxieus of iO io*os a i/gr to bo dollvorod to tho site, would not bo on unreasonable limitation and at tho aaao tin* sufficient to soot tho probable future nsoi as *oll cs ai\y emergency. * . Subject to adequate ccntrcl and the other suggested restriction*, I co not ccnsider the continued use of tho quas*ry as proposes will in any any oorlously affoet local inanities. The sit* has not ncu /. groat deal of esealty value and a tros-pian ting and landscaping a.'nuso would nininUe any adverse eff*ct on visual inanity. Us* in this ay vlth th* safeguards contioaed should not conflict with tr.y proposals for a marina or for including tho quarry in an extended area of the Posh Park Planning Board. YlnAlnr* of Pact I find the following facts: (1) The sit# coaprisss a large quarry about LOO.yards to v.e east of the village of Buxworth and adjacent to a fw houses. It is sp;roscked by a village road and by public hlgheays chic:*, in plaeea are narrov end tortuous. (2) Tho site is shc*n in the county developaent plan within * "white eras". (3) The site ie already used for the disposal of vast* nsteri-la fron tho local Yerodo factory; this use, could*.'i iy the *locsl planning Authority to bo unauthorised, has carriea on since So*. saber 1'iroL, and a layer of *'.* now covers nost of the quarry floor. <L> There la e need for adoquate and continuous clspos..! fac'.litlos for vest# produced at tho Teredo factory. (3) Part of this waste is grinding dust, which is no* piued in scaled bags before transport to, and deposit as, the ^u;*rry. Tipping of ell the waste et tho site is now prepriy con trolled and a sore suitable alternative access is propose.;. (o) Tho querfy is sultsblo for filling in ss proposed at a United rate under proper control and supervision.. Cinclusions *, Peering in slnd the shov* feete, end the sisrancti givtn :y tho applicant* relating to eelntooence of eccese roods end conv<y^Cw of 12 - t...la &..twrLtls ;r. properly elgswu containers, I consist w.c^d1 is sufficient reason to refuse perales?<M, This shoulJ be givsn in ae,^-with the application subject to appropriate conditions to rod'-a-t* :* operation of the tip and the ultimate restoration of tr. ij.n.t. . L*y assessor. Dr. ZHlott, has soon end concurs *ltn this report so f*r as tho nodical aspects are concerned end he agrees *ith the reccec.nSaticn that felloes. 1 acknowledge with thanks his help ir. dealing with this cose. Rorsr.i-.sr.dsUon 1 . 1 recoesend that perolsoloa be given in accordance with the appli cation subject te the following conditions:- (1) A working scheno (which shell take eccomt of, and l subject * to the conditions following) shall within six ninths of the date of this consent bo agreed with the local planning authority or, in default* of sgreeaent, be oetercinoc sy the klnlatar, Auch echeae shall include description of m,tirtbl to bo tipped, provisions for access, wethods of transporta tion of Misto neteriela, sequence and orloetatlra of tipping operations, excavation end provision of covering cateriul, fencing, suporvislcn* fiaiahou levels, tree-pUnting ar.4 landscaping end ultimate restoration of the land. (2) `feats materials shell be tipped in layers not excooair.g 6 feet 1a depth. ' (3) AH waste wot*ials shall be covered each day or. ell surfes** ccpoaed to the air, with et least y inches of earth or other suitable inert notorial, capable of forcing an effective seal, provided that * surface of not sore then 23 square yards cay be lrft uncovered during dally tipping operatims* <L) Screens or other apparatus shell be provided then noeossary to ensure that no paper or oth* debris is blown by th wind fron tho place of deposit, (3) Tins, hollow vessels and other loose debris shell no; us left lying on or about tho pleat of deposit. (3) Wo waste eat oriel shall, be burnt on the site. (7) The deposit of waste nsterlsls, including any covorir.^ naterisls, et tho alto shell not exceed 20 loads a cay to be delivered, only during the pwriod 7 e.n. to 7 r.z.. 14 ' kendqys to Saturdays inclusive. I have the honour to bo, *lr Your obedient Servant, August 19d6< Engineering Inspectors:*. - 13 - ivoaerusumaa Appearances Hr. J. C. Harris Solicitor of He**:**. Foysters 26 PrLr.ce* Streut Ranche*t or X Ko called: Ur. J. D. jrUa y&r Risers. Forodo blotted - Wenaging Director Those* Hancock Uni tod Ur. A. X. UcKenn* - Solicitor of Juci Ctvapuir. end Cocpaay 3 Chopcvo* JtTMt Utactmti1 1 - He celled* Ur. T. Jacques - Works Checlst Forodo United Per Derbyshire County Council Ur. A. ?rior - Assistant Clerk of the come 11 He called: Ur. J. B. Crisp - Area Planning Of.ic.r Ur. W. Bonnlson Supervising 2nglntr County Surveyor's Jejartcent Per Ch>rcl-yn-lt-Prl th Rural District Co'T.zil Croft - Cltrk of the He called* Ur* V, 2. Colston Engineer end Surveyor Ur* V. L. Thorp Ur. 6. J. Si 07-son Public Health Inspector Public Health Inspector Dr. U. C. Hut ten Uedic.l Offie or or Health For Butterth Ratepayers Association Ur. K. Hv;lv . Solicitor o:* Coo;*.- Sens Hsrtlv *-"a -ii.t*a* Terrace Road Buxton Derbyshire Fto* Suvrorth Ratepayers Association (Continued) He ftdliUI Ur. 0. H* Inker, F.R.I.C. Hr. R. 0. Show, D.A, - Fublls Analyst CUrendon Laboratory Dspartconl of Physics University of CUford Dr* U. Wewiious# * - Senior Lactmer London School of Hyg.eao nnd Tropical Uediclne Dr. R. A. U. Css# - Readar'ln Social UedlcLno Chester Beatty Research Institute . Institute of Cancer Research * Ur* K. Holford - - Assistant Secreury Buxworth Ratepayer* Association Ur. P. U. Jackson - H sober of Par lias eat Hich Fonk Division Urs. F. V. Longdon ) Urs. 0. U. Steel# ) Ur. V* Horton ) Ur. * G* Blackwell) Ur* D* F. Ledger local residents Secretary of the Whaley Bridge and Buxton Co-operative Society Ur* H. Rooder Chalnsan* Bucvarth Ratepayer* Association - 15 -