Legal hitch delays bid to clear up fly-tipping
ACAMPAIGN by residents to rid a site of fly-tipping has been held up by a legal wrangle.
A petition signed by more than 90 residents complains of dumping at the plot of land in Hazel Grove attracting rats.
Stockport council say the condition of the land is the landowners’ responsibility, however the freehold owners, Shropshirebased Morgoed Estates, say they cannot legally enter the site, at the corner of Vernon Street and Peter Street, as it is subject to a residential lease.
One resident, of Woodgrove Court, wrote to the Express to complain that ‘no progress’ had been made on the condition of the site in the last year.
MP William Wragg, who also received the petition, tweeted: “Private land or no, Environmental Health should be putting a stop to this. I am writing to the council to get it sorted.”
In a statement Morgoed Estates said part if not all of the residential lease is vested in Highways England (formerly the Highways Agency).
Managing director Jonathan Roberts said: “The Highways Agency claim to own only half of the land included in the lease, but we have seen no evidence to support this claim, and we certainly have no knowledge as to whom the remainder of the lease is vested in, if the Highways Agency are correct in their assertion.
“For us to enter the property without a court order is a criminal offence, and we have no intention of so doing. Stockport council are aware of this and have far stronger powers of entry.
“We for our part have offered to forfeit the lease (i.e. bring it to an end), but in order to do so successfully we need the co-operation of the Highways Agency to join with us in a Court application. Hitherto the Highways Agency has not assented to this proposal.
“We have no objection to Stockport council or neighbours entering the property and removing the rubbish. We for our part certainly will not be complaining of a trespass. From what I have seen the problem is not that huge – a skip and a couple of operatives for an hour or two would solve the problem. More generally, I am totally befuddled by the attitude of Stockport council and local residents. They all seem happy to adopt an attitude of ‘It’s not my problem’.”
Coun Sheila Bailey, cabinet member for housing, said: “This site is privately owned therefore one for which the landowner and occupiers are responsible to keep clean and tidy. The council are working closely with the landowner to ensure that appropriate action is taken to maintain the site.”
Highways England said they are looking into the issue.