The owner of Hubbs House Farm is facing prosecution in the magistrates’ court after Lancashire County Council said it would take action.
The county council, which is the mineral and waste authority, is to prosecute over a series of notices served by them at the Colne property on Delves Lane which have not been complied with.
According to Pendle Council report presented to Colne councillors, enforcement notices, stop notices and a community protection notice were all served in March last year but have not been complied with.
The two enforcement notices required the cessation of tipping and the removal of all of the imported material and the two stop notices required the cessation of the importation and burning of material.
The community protection notice required the owner to take steps to prevent anyone tipping on the land, not to burn material, to remove any material not associated with the agricultural use of the land and to ensure the prompt and appropriate disposal of animal carcasses.
Monitoring by Pendle officers showed that the material on site has not been removed, some material has been buried and further material has been imported onto the site.
It was resolved by Pendle Council’s Colne and District Committee at the meeting: “That a strongly worded letter be sent to the Leader and Chief Executive of Lancashire County Council as the minerals and waste authority to pursue the non-compliance with the notices served and to pursue an injunction as a matter of urgency.”
Evidence presented to Leader Times newspaper appeared to show more burning of material at the site and smoke drifting over the town.
A witness said that although the smoke was white, it was not wood smoke, and had an acrid, obnoxious smell.
A spokesman for Lancashire County Council said: “We have investigated the use of injunctive powers under section 187 of the Town and Country Planning Act 1990.
“However, we have received legal advice that the breach of planning control at the Hubbs House and Delves Lane sites should first be addressed by pursuing a prosecution through the courts for failure to comply with the enforcement notices and that injunctive proceedings should only be sought if those other measures are not effective in achieving compliance.
“We have collected evidence to support our case that the enforcement notices are being breached and are proposing to put this evidence before the magistrates court in the near future.”
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