Appeal against enforcement notice over use of Calderdale waste site

Mr Johnathan Turner has appealed to the Planning Inspectorate over Calderdale Council’s decision on June 3 to issue an enforcement over use of the site at Stanley Works, Lucy Street, Halifax, for breaching planning permission.

The council says it issued to the notice because of breaches of planning permissions granted in 1990 to use part of the site as a waste transfer station, subject to conditions including limitations as to what kind of material can be stored there, and the height it can be stored to.

Approved material is described in the permission as “material associated with building operations (builders’ rubble) or excavation waste or topsoil.”

The breaches include material stored outside of the allowed area and to above the allowed height.

The nature of the material constitutes another breach, says the council, including green waste, wood, metals, plastic and a general skip.

Mr Turner is appealing against the enforcement notice on the grounds that the time given to comply with the notice is too short.

The council’s notice says that within three months from the issue date of the notice the appelant should stop storing unapproved waste on unapproved parts of the site or at an unapproved height and remove all materials which breach the planning permission in these ways.

Mr Turner says in practical terms that means the specified material has to be removed from its present location and be taken off site.

The existing waste transfer building on the site has no capacity to take the material and a more reasonable time period for compliance with the notice would be 12 months, he says.

The appeal will be determined by written representations. Comments can be submitted on the issue by emailing [email protected] uk or by sending three copies in writing to Maisie Milton-Newland, The Planning Inspectorate, Room 3A Eagle, Temple Quay House, 2 The Square, Bristol, BS1 6PN. The appeal reference number is APP/A4710/C/21/3278053.

All representation mist be received by the Inspectorate by October 15, 2021 – all responses will be copied to the appellant and the local planning authority and be considered by the Inspector determining the appeal.

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