Frequently Asked Questions


What is a Regulation 25 request?
In England, a Regulation 25 request is part of the Environmental Impact Assessment (EIA) process under the Town and Country Planning (Environmental Impact Assessment) Regulations 2017. This request is issued by the local planning authority when they require additional information to assess the environmental impacts of a proposed development.

Regulation 25 requests are crucial because they ensure that the local planning authority has all the necessary information to make an informed decision regarding the environmental impact of a proposed development. Failure to comply with this request can seriously jeopardize the success of the planning application.


What Happens if the Applicant Fails to Respond?

If the applicant fails to provide the required information in response to a Regulation 25 request, several consequences may follow:
  • Application Cannot Progress: The planning application cannot proceed to a decision until the requested information is provided. This effectively puts the application on hold.
  • Refusal of the Application: If the applicant does not respond within a reasonable time, the local planning authority may refuse the application on the grounds that they do not have sufficient information to assess the environmental impacts of the proposal.
  • Withdrawal of the Application: The applicant may choose to withdraw the application if they are unable or unwilling to provide the requested information.
  • Delay in Decision-Making: The decision-making process is delayed, which can lead to extended timeframes for the applicant and potentially increased costs or loss of investment.
Who can comment on a planning application?
Anyone can comment on a planning application. You do not need to be a resident of the Planning Authority area. You do need to have a valid (in planning terms) reason to object.
What are valid grounds for objections to planning applications?
Generic guidance on objections to planning applications can be seen here. Importantly however objections must include reference to how you, or your local community/environment will be adversely impacted in material planning considerations by the proposed development

For example:
"The value of my house will go down" is not a material planning consideration. The planning system does not take into account the impact of a development on property values.
"My commute to work will take longer" could be considered if it links to a material planning concern like traffic congestion, road safety, or the capacity of local infrastructure. You would need to frame it in terms of how the development would exacerbate traffic or strain local roads rather than just the personal inconvenience
When can I make a comment?
Comments (including objections) can only be made during the advertised consultation period. This extends for three weeks from the date that WCC validates the receipt of new information from Smiths. You can register to receive email alerts about this here
How many vehicle movements will there be?
Smiths estimate that 1,800,000 tonnes of sand and gravel will be extracted over a 15 year period. 'Best' case is use of 25 tonne vehicles and 300 working days per year. The number of movements is therefore 1,800,000 tonnes/(25 tonnes/vehicle x 15 years x 300 days/year) = 16 vehicles/day. Each movement will inviolve both an arrival and a departure doubling this to 32.

Once restoratiion begins and inert material needs to imported this will again double to 64. That is to say roughly 8 arrivals or departures per hour.

The use of smaller vehicles would considerably increase the number of daily movements. Restrictions on water abstraction as part of the Environment Agency licence might reduce the number of working days.
What are statutory consultees?
These are national or local agencies or departments which the Minerals Planning Authority (in this case Warwickshire County Council (WCC)) must inform of, and give the opportunity to comment on, planning applications.

These include national agencies such as the Environment Agency, Natural England and The UK Health Security Agency.

Local departments include internal WCC deparments such as Archaeology, Ecology, Flood Risk Management and Highways as well as some Warwick District Council departments such as Conservation and Environmental Health.
How will the quarry affect the risk of flooding?
Our commissioned report can be summarised as follws:

The hydrogeological report primarily assesses the risks and impacts of quarrying activities, with a particular focus on flooding risks. Climate change is expected to exacerbate these risks through increased rainfall intensity. The report highlights key findings regarding future rainfall events, predicting that flash floods, characterized by rainfall exceeding 20 mm per hour, will become significantly more frequent due to climate change. By the 2070s, the frequency of these extreme events is projected to be four times higher than in the late 20th century. Additionally, each degree of regional warming is estimated to increase the intensity of extreme downpours by 5-15%.

The report also notes that these changes are not expected to occur smoothly but rather in a variable pattern, with some years experiencing record-breaking rainfall and others seeing little change. This variability poses challenges for flood management and infrastructure planning, as the occurrence of extreme years may cluster together, potentially overwhelming flood defences. The risk of flooding is particularly high during quarrying operations and will likely persist even after the quarry is closed and filled, as intense rainfall and flooding from the River Avon could impact the site.

The flood risks associated with quarrying operations arise from several factors related to both the quarry's location and the methods used during extraction. Key aspects that contribute to the increased risk of flooding include:

  1. Excavation Below Water Table: Quarrying often involves digging below the water table, which requires continuous pumping to keep the site dry. This dewatering process alters the natural flow of groundwater and can cause significant changes to the local water balance.
  2. Impact on Local Drainage: As the quarry phases are filled with inert material or fine-grained substances, the permeability of the land is reduced, hindering natural water absorption. This can lead to surface water accumulation, increasing the likelihood of flooding in surrounding areas
  3. Flood Risk from River Avon: The quarry site is in proximity to the River Avon, which poses a risk of flooding during heavy rainfall events or when the river is in flood. Open quarry phases are particularly vulnerable to such flooding
  4. Long-term Effects After Restoration: Once the quarry is filled and restored, the backfilled material (often fine-grained, low-permeability substances) can block natural groundwater pathways, leading to water pooling at the surface, further heightening flood risks even after quarrying activities cease

These factors highlight the need for careful management and flood mitigation strategies during and after quarrying operations to prevent increased flood risks.

Who will decide on the application?
The decision to approve or reject the application will be made by the Regulatory Committee of Warwickshire County Council. This is made up of 12 councillors (more information here)

In terms of process planning officers will prepare a report and recommendation for the councillors based on their analysis of the application itself and any valid comments received from statutory consultees and other interested parties. Recommendations can be rejection, approval with conditions or approval. Outright approval is very unlikely given the complex nature of the proposed development