Injunction granted over illegal waste site tipping
CALDERDALE COUNCIL has been granted an injunction to prevent tipping at an illegal waste site.
The High Court granted the council’s application for an injunction to stop activities at the former Calder Brickworks at Old Earth, Elland. The council’s Cabinet member for Regeneration and Resources, Coun Jane Scullion (Lab, Luddenden Foot) said the council had used every legal power at its disposal to deal with a long-term problem.
Planning enforcement officers have visited the site several times and found evidence to suggest an alleged breach of planning control and continued disposal of waste material without the relevant environmental permit, says the council.
Activity at the site has been regularly monitored and a stop notice and enforcement notice have previously been served to the owners and users of the site. As these notices have been ignored, the council has now taken the steps of applying for and successfully securing a high court injunction, which has been granted against Shelmerdine
Haulage Limited, Bradleigh Shelmerdine and Arthur Hartley and prohibits a number of activities on the site.
These include the importation, deposit, storing and sorting of waste and also requires the existing waste to be removed and the land to be restored to its previous condition.
Failure to comply with these legal requirements is a serious offence and if the activity on site does not stop it would be classed as contempt of court, which could result in a prison sentence, said Coun Scullion.
“This has been a long-running case with those responsible showing blatant disregard for enforcement measures. Regulations are in place to protect people and the environment, and the serious nature of this case has forced us to use every legal power at our disposal to put a stop to the persistent breaches of planning control.
“The continued pattern of wagons entering the site and tipping waste, despite previous council action, led us to conclude that the only option was to seek an injunction to ensure that activity on site stops as soon as possible,” said Coun Scullion.
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