Gravel pit can continue digging despite complaint

Kudsk & Dahl had the suspensive effect of a neighbor's complaint lifted, and this raises hope for DI Byggeri.
Kudsk & Dahl had the suspensive effect of a neighbor's complaint lifted, and this raises hope for DI Byggeri. Photo: Kudsk & Dahl.
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The raw material company Kudsk & Dahl operates several gravel pits in Southern Jutland and accounts for a significant part of the region’s raw material supply. The company had digging permits for a gravel pit in Nørre Hostrup, which was about to expire, and therefore they applied to have it renewed several years ago.

But due to a complaint from a neighbour, the proceedings dragged on, and when the new permit was available, it was also appealed.

Has a suspending effect
As we have previously described here at FemernReport, complaints basically have a suspensive effect, and therefore the digging work must be stopped as long as the complaint is being processed. And that case processing can take a long time. So the Kudsk & Dahl activities in summer 2022.

Was going to drive to Djursland
As a result, large parts of the concrete industry and the other construction industry in Southern Jutland had to fetch gravel and stones from far away – for example on Djursland. It is time-consuming, expensive and certainly does nothing good for the CO2 accounts.

DI Byggeri has been in continuous dialogue with both Kudsk & Dahl and the region. In the autumn, the chairman of the regional council, Acting Economy Minister Stephanie Lohse, wrote to the Minister of Business that there was a need to change the rules on suspensive effect. At the same time, the appeals board was invited to cancel the suspensive effect in the specific case.

Activities resumed
The Board of Appeal followed the request and concluded that the new complaint should not have suspensory effect. This means that Kudsk & Dahl have now resumed activities in the gravel pit in Nørre Hostrup. And that pleases the day-to-day manager, Trine Løbner Kummerfeldt:

– It means the world. Now our people can get back to work and we can start building up a warehouse again. Our owner, Unicon, has been in index 50 in Southern Denmark. And you don’t just get up and running again, says Trine Løbner Kummerfeldt.

Can pave the way
The appeal continues, however, and is now dealt with on the merits at the appeals board. The lifting of the suspensive effect, however, is described by DI Byggeri as a great victory. It can pave the way for future complaints to have their suspensive effect lifted more easily.

Precisely changing the rules on suspensive effect in the event of a complaint is one of the proposals included in DI Byggeri’s upcoming plan for a new national raw materials plan.

The final decision now awaits the proceedings at the board. But in Nørre Hostrup they dig in the meantime.

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