Arpley enforcement notice would have led to 'long' legal battle

Warrington Guardian: Arpley enforcement notice would have led to 'long' legal battle Arpley enforcement notice would have led to 'long' legal battle

A COUNCILLOR says going through with an enforcement notice on Arpley Tip would have led to ‘lengthy and costly’ legal battle.

As reported in last week’s Warrington Guardian, the council has pulled the notice - which would have forced owners FCC to stop operations.

Clr Pat Wright (LAB - Bewsey and Whitecross) said: "The independent legal advice the council has received is that the Enforcement Notice would not be automatically enforceable without lengthy and hugely costly court litigation, all at taxpayers expense.

“And even then, there is no guarantee that courts would force FCC to cease their operations because of the forthcoming planning appeal and FCC's subsequent alternative planning application to extend the licence for a shorter five year period.

“Throughout their time running Arpley Tip and throughout this whole planning application process, FCC have shown little concern about the negative impact their operation is having on the local community.

“Their delaying tactics will not distract myself and Cllr Hitesh Patel (Great Sankey South) and all other local Labour councillors who are totally committed to bringing this nightmare to an end once and for all. "

Comments (12)

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12:14pm Thu 12 Dec 13

tojahejome says...

Is anyone surprised at this? Why don't the desidents start take some form of legal disruptive action? All get in your cars for a day and drive legally up and down Liverpool Road, Old Liverpool Road and over the bridge to the site. Be very polite and allow all traffic apart from the wagons in to the flow. Stop and let people cross the roads. There is no point in moaning if you are not prepared to take action.
Is anyone surprised at this? Why don't the desidents start take some form of legal disruptive action? All get in your cars for a day and drive legally up and down Liverpool Road, Old Liverpool Road and over the bridge to the site. Be very polite and allow all traffic apart from the wagons in to the flow. Stop and let people cross the roads. There is no point in moaning if you are not prepared to take action. tojahejome

12:25pm Thu 12 Dec 13

Nick Tessla says...

Councillor Wright says "......Their delaying tactics will not distract myself and Cllr Hitesh Patel (Great Sankey South) and all other local Labour councillors who are totally committed to bringing this nightmare to an end once and for all.................
...... "


How ? You appear to admit that you do not know how to proceed against the tip operators who appear to be sticking two fingers up at you, residents and the law.

What are you going to DO - talk is cheap.
Councillor Wright says "......Their delaying tactics will not distract myself and Cllr Hitesh Patel (Great Sankey South) and all other local Labour councillors who are totally committed to bringing this nightmare to an end once and for all................. ...... " How ? You appear to admit that you do not know how to proceed against the tip operators who appear to be sticking two fingers up at you, residents and the law. What are you going to DO - talk is cheap. Nick Tessla

12:30pm Thu 12 Dec 13

Karlar says...

Surely the tame legal eagles we pay council tax to keep employed at the Town Hall should have known this before they served the enforcement notice? They took their time deciding what to do when many residents and councillors were complaining at the continuation of tipping beyond the period specified in FCC's original application.
Surely the tame legal eagles we pay council tax to keep employed at the Town Hall should have known this before they served the enforcement notice? They took their time deciding what to do when many residents and councillors were complaining at the continuation of tipping beyond the period specified in FCC's original application. Karlar

12:30pm Thu 12 Dec 13

mattlister says...

The council could just announce a plan to build a bypass road (to help the awful traffic) with part of it going through the tip. Then because of the requirement to build the road they could say the tip has to close.

I just don't understand how the council is so powerless to not be able to close something, which isn't needed in this town. Warrington waste doesn't even go to this tip.
The council could just announce a plan to build a bypass road (to help the awful traffic) with part of it going through the tip. Then because of the requirement to build the road they could say the tip has to close. I just don't understand how the council is so powerless to not be able to close something, which isn't needed in this town. Warrington waste doesn't even go to this tip. mattlister

12:49pm Thu 12 Dec 13

J99 says...

why are they allowed to carry on- I seem to be missing something. The council own the land - not FCC, they are tipping without a licence is this not breaking the law?????????
why are they allowed to carry on- I seem to be missing something. The council own the land - not FCC, they are tipping without a licence is this not breaking the law????????? J99

9:20pm Thu 12 Dec 13

Clear... says...

Why not add a weight restriction to Liverpool Road/Old Liverpool Road? 7.5 ton weight limit. Although allow access to businesses in the area and prosecute those companies who don't have access... such as lorries going to the landfill.
Why not add a weight restriction to Liverpool Road/Old Liverpool Road? 7.5 ton weight limit. Although allow access to businesses in the area and prosecute those companies who don't have access... such as lorries going to the landfill. Clear...

9:49pm Thu 12 Dec 13

mrdaveyasdfr says...

It seems that if you have the money to fund lawyers then you can get away with anything.
It seems that if you have the money to fund lawyers then you can get away with anything. mrdaveyasdfr

8:08am Fri 13 Dec 13

cirian75 says...

They are fly tipping, just arrest them and charge the £5k per offence (truck)

It will soon stop.
They are fly tipping, just arrest them and charge the £5k per offence (truck) It will soon stop. cirian75

7:42pm Fri 13 Dec 13

MAD 4 IT says...

THE TIP WAS THERE YEARS BEFORE HOUSES WERE BUILT ! ASK YOURSELF "FANCY BUYING A POSH HOUSE" NEXT TO A STINKING TIP !
THE TIP WAS THERE YEARS BEFORE HOUSES WERE BUILT ! ASK YOURSELF "FANCY BUYING A POSH HOUSE" NEXT TO A STINKING TIP ! MAD 4 IT

7:47pm Fri 13 Dec 13

cirian75 says...

MAD 4 IT wrote:
THE TIP WAS THERE YEARS BEFORE HOUSES WERE BUILT ! ASK YOURSELF "FANCY BUYING A POSH HOUSE" NEXT TO A STINKING TIP !
The company running the tip agreed it would be closed by now and would be turning it back in safe land.

They reneged on their promise.
[quote][p][bold]MAD 4 IT[/bold] wrote: THE TIP WAS THERE YEARS BEFORE HOUSES WERE BUILT ! ASK YOURSELF "FANCY BUYING A POSH HOUSE" NEXT TO A STINKING TIP ![/p][/quote]The company running the tip agreed it would be closed by now and would be turning it back in safe land. They reneged on their promise. cirian75

12:29am Sat 14 Dec 13

MAD 4 IT says...

"THE COMPANY" WILL TELL YOU ANYTHING TO KEEP YOU HAPPY ! ADMIT IT THE "TIP" IS GOING NOWHERE !
"THE COMPANY" WILL TELL YOU ANYTHING TO KEEP YOU HAPPY ! ADMIT IT THE "TIP" IS GOING NOWHERE ! MAD 4 IT

2:53am Sat 14 Dec 13

SickAndTired2 says...

MAD 4 IT wrote:
"THE COMPANY" WILL TELL YOU ANYTHING TO KEEP YOU HAPPY ! ADMIT IT THE "TIP" IS GOING NOWHERE !
Moron.
[quote][p][bold]MAD 4 IT[/bold] wrote: "THE COMPANY" WILL TELL YOU ANYTHING TO KEEP YOU HAPPY ! ADMIT IT THE "TIP" IS GOING NOWHERE ![/p][/quote]Moron. SickAndTired2

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