Stop Grange Quarry Expansion Group to use Supreme Court ruling on R (Finch) v Surrey County Council case in fight against Heidelberg Materials’, formerly known as Hanson Cement, plans for Ketton cement works

Campaigners opposing a quarry expansion plan to use a new legal judgment on climate change to thwart it.

Heidelberg Materials, formerly known as Hanson Cement, plans to extend its Grange Top quarry, next to Ketton cement works.

The company says it would secure the future of the cement works for another 25 years, protect 250 jobs and up to 5,000 more in the supply chain. But campaigners from the Stop Grange Quarry Expansion Group believe it would have a far-reaching negative effect.

Matthew Eatough, who lives in Empingham and is leading the campaign, said: “The proposal will extend the life of one of the largest CO2 polluters in the UK by some 25 years.

“It’s quite clear the plans have failed to properly take into account the impact on climate and net zero targets.

“Nobody doubts that the development will lead to substantially increased carbon emissions at a time when all parties have signed up to both statutory and voluntary carbon reduction targets.

“Indeed, Rutland County Council has declared a ‘climate emergency’.”

Campaigners believe Rutland Water would be at risk of pollution and views from the nature reserve’s dam, beach and the Hambleton peninsula could be spoilt if Heidelberg Materials’ plans are approved.

Anglian Water, the management company for Rutland Water, has lodged objections that the scheme would create an ‘unacceptable risk to a critical public water main’ while Rutland and Stamford MP Alicia Kearns (Con) has argued it could cause a major flooding incident that would cause devastation for the community and beyond.

Campaigners are now feeling confident that the expansion could be thwarted by a landmark Supreme Court ruling, in which Surrey County Council's decision to grant planning permission to a developer was deemed unlawful because the environmental impact assessment for the project did not include an assessment of the downstream greenhouse gas emissions.

These happen when the extracted material is burned as a fuel source.

Opponents of the quarry expansion say Rutland County Council, which is yet to rule on the planning application, has failed to properly consider the likely significant environmental effect of the development on the climate. They also believe Heidelberg Materials did not provide an adequate assessment of the likely effect on the climate.

Matthew, who has sought advice from law firm Leigh Day, has written to Rutland County Council drawing the local authority's attention to the Surrey case.

He said: “The ruling by the Supreme Court – the highest court in the land – earlier this summer shows that in order for an environmental impact assessment to be lawful, an assessment of the greenhouse gas emissions generated from the burning of, in that case, the extracted fossil fuel had to be carried out.

“In its ruling, the Supreme Court gave the specific example of the quarrying of aggregates as giving rise to indirect effects on climate change when those minerals are used.

“The development at Ketton involves both the extraction and use of the aggregate on the same site in order to produce cement.

“The Supreme Court case shows planning authorities must give thought to the impact on the environment and climate not just of extracting materials but also their downstream use, and if Rutland County Council does that properly, it must refuse this application.”

A spokesperson for Rutland County Council said planning officers have requested additional information from Heidelberg Materials and when this is received there will be a further round of public consultation.

Mark Page, land and mineral resources manager at Heidelberg Materials UK, says the company is aware of the Supreme Court’s decision and is considering what it may mean for the determination process.

He said: “Heidelberg Materials remains committed to achieving net zero by 2050 and we are already making strides towards manufacturing the UK’s first net zero cement.”

At Ketton cement works, this has included participation in a trial of solvent-based carbon capture technology.

Mr Page added: “Extending Grange Top quarry would secure supplies of limestone and clays for use in the adjacent works, helping to support the construction and maintenance of homes, schools, hospitals plus, roads and railways and other vital infrastructure.

“It would also deliver tangible local benefits, including new footpaths and a new works access road that would see HGVs diverted away from the villages of Tinwell and Ketton.”

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