High Court grants injunction against the owners of an illegal Calderdale waste site

The injunction has been granted against Shelmerdine Haulage Limited, Bradleigh Shelmerdine and Arthur Hartley and prohibits a number of activities on the site.

This includes 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.

Calderdale Council’s Cabinet Member for Regeneration and Resources, Councillor Jane Scullion, said: “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.

“Council officers will continue to monitor the site and will not hesitate to take further action, which could lead to severe consequences for those responsible.”

Planning enforcement officers from the Council visited the site on several occasions and found evidence to suggest an alleged breach of planning control and continued disposal of waste material without the relevant environmental permit.

Activity at the site has been regularly monitored by the Council and a stop notice and enforcement notice have previously been served to the owners and users of the site.

According the Council these notices have been ignored, and the authority has now taken the steps of applying for and successfully securing a high court injunction.

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.