A committee that turned down plans for a quarry on the site of the former Hatfield Aerodrome is to be presented with the latest ‘legal advice’ received by the county council – just weeks before the decision is due to be challenged at a Planning Inquiry.

The advice has prompted fears among residents and campaigners that Hertfordshire County Council is set to roll back on its plans to defend its refusal of the application at the inquiry.

Members of the council’s development control committee refused the latest application to extract around eight million tonnes of sand and gravel from the site earlier this year.

But applicants Brett Aggregates lodged an appeal against that refusal.

A ten-day Planning Inquiry to determine whether or not the refusal should be overturned is due to start on November 19.

On Tuesday (September 25) a meeting of the council’s development control committee is set to consider ‘legal advice in relation to the planning inquiry’.

The details of that legal advice have not been made publicly available, and discussion of the so-called Part II item is expected to be held behind closed doors.

However residents and campaigners fear that it signals that the council may limit its defence at the inquiry – or even withdraw completely.

Chairman of the Smallford and Sleapshyde Residents’ Association Craig Tallents points to speculation that the council may not ‘pursue a defence’.

He says residents who have campaigned against the quarry for a number of years are shocked that this may be the case.

“We don’t know what the Part II papers are and what advice is in there,” said Mr Tallents.

“But we can only assume the advice is that it is too risky to pursue a defence – that we will lose and they will be liable for costs.

“Personally I am just shocked. I am appalled – flabbergasted. And there is a lot more to be discovered.”

Local Liberal Democrat Cllr John Hale – who represents the Colney Heath and Marshalswick division – is also concerned that residents have been let down by the county council.

He says that in order to mount a strong defence the council would need to have expert witnesses. But he says none have been secured by the council.

Discussions with councillors should have been heard much earlier he says – rather than just a few weeks before the inquiry is scheduled to begin.

“I think residents have been badly let down by the Hertfordshire County Council,” he said.

“The council has failed to do all it could to defend the decision councillors took last October.

“I am very disappointed that not more action was taken in the past 10 months to make the arguments and to put together a case.

“The problem is there are now a few weeks to go – and the ability to put together something is just not there.”

Back in 2021, Brett Aggregates challenged the refusal of an earlier application for a quarry on the same site – and were unsuccessful.

The latest application – also submitted by Brett Aggregates – seeks permission to extract material over 32 years and to bring in ‘inert waste’ to re-instate ground levels.

It includes plans for a new access on to the A1057, an aggregate processing plant and other facilities.

But unlike the previous application it does not include a ‘concrete batching plant’.

It also includes plans for a phased approach – meaning areas of the site would be accessible to ramblers, dog walkers and others throughout the 32 year period.

In refusing the most recent application, the council had pointed to reasons that included impact on the Green Belt, heritage, residential amenity, and landscape character.

They also pointed to biodiversity, public access, the highway and groundwater.

Outlining the item that will be considered by the meeting of the development control committee on Tuesday, a spokesperson for Hertfordshire County Council said:  “The council’s development control committee considered a second planning application for a quarry at the site of the former Hatfield Aerodrome and took the decision to refuse permission.

“This decision was appealed by the applicant and the appeal is to be considered by the Planning Inspectorate later this year. 

“Councillors will be considering legal advice in relation to the forthcoming planning appeal at the next meeting of the committee on 24 September.”