Fullers Earth Development

Over the past years, large and small donations have been given by CPRE members and local residents to fund all the expenditure of opposing the development that is being carried out at Fullers Earth.

Fullers Earth is a former mine South of Bath, where the mineral was excavated some years ago. The mine eventually closed and the land was never registered when the opportunity arose and therefore the use was abandoned.

The land was sold and the new owner applied for planning permission to build Residential and Industrial Units on the land. Despite the site being situated in the Green Belt, adjoining the Area of Outstanding Natural Beauty and the World Heritage Site, the local planning authority was “minded” to give planning permission. As the proposed use was contrary to the Development Plan Policy, the Secretary of State decided that permission should not be given before the application had been examined at a Local Inquiry.

The Local Inquiry took place over several days in 2002, and the applicants and the planning authority, through their Barristers, Solicitors, Consultants and Professional staff, gave evidence in favour of the application whilst the opposition’s evidence to the proposal was given by the third parties. These were the CPRE, Bath Preservation Trust, Bath Society, Combe Hay, Southstoke and Englishcombe Parish Councils, and local residents. The Inspector in his report finally recommended that the appeal be allowed, however the Secretary of State overruled his Inspector and dismissed the appeal.

The owner then started using the site as a waste re-cycling centre, relying on an opinion of Counsel appointed by the local planning authority that the lawful use of the site was Class 2 Business.

The third parties themselves took legal opinion on this lawful use and have consistently urged the planning authority to consider the matter as not legal and therefore a contravention, but to date the Council has not done so. These third parties have now lodged a complaint with the Ombudsman. This had to be done in the name of individuals living in the area because it is held (by statute) that a corporate body such as the CPRE cannot suffer an injustice and therefore cannot complain.