High Court grants council injunction over waste site at former brickworks

Calderdale Council has secured a High Court injunction against the operatives of a waste site at a former brickworks.

The local authority said its planning enforcement officers from Calderdale Council had visited the site at Calder Brickworks in Elland on several occasions and had 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 had been regularly monitored and a stop notice and enforcement notice had previously been served to the owners and users of the site, it said.

Calderdale added: “As these notices have been ignored, the council has now taken the steps of applying for and successfully securing a High Court injunction.”

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.

If the activity on site does not stop it would be classed as contempt of court, which could result in a prison sentence, the council said.

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

She added: “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.”