A BATTLE to clean up a site in Kirkheaton has ended in court.
Kirklees Council has successfully prosecuted a waste transfer station in Kirkheaton for breaching the conditions of its planning permission.
Matrix Direct, based in premises off School Lane, was fined by Huddersfield Magistrates for storing materials outside the premises in breach of a planning condition.
The prosecution follows many complaints from local residents, who had complained many times to council officials.
Condition 4 of the permission, granted in February 2007, stated: “There shall be no external storage of materials, machinery, plant or equipment.”
But the court was told that, within a short space of time, the entire perimeter of the premises was covered with stored materials as the company could not cope with the demand for the facility.
The council had warned them that enforcement action would be taken if the condition was not met.
Magistrates were told that, by August last year, delivery lorries were being forced to reverse into the site causing a traffic hazard.
The noise from plant and machinery around the perimeter was also said to be causing concern to nearby residents of School Lane and Newland Road.
A Breach of Condition notice was issued by the council on August 24 requiring all materials to be moved within 30 days.
Matters did not improve, despite assurances from the company, and the decision to prosecute was taken in December.
The company pleaded guilty at the Huddersfield court to failing to comply with the requirements of the Breach of Condition Notice.
The company was fined £500 and magistrates also awarded a total of £780 costs to Kirklees Council . The maximum fine is £1,000.
The site is now 85% clear and traffic movements in and out of the site are as approved in the planning condition. Discussion is continuing between the company and council officers about some outdoor-stored materials at the northern end of the premises, which the company claims are awaiting collection.
Clr Ken Sims, Cabinet member for Planning Services, said: “Planning conditions are imposed for a reason, often to protect the quality of life for nearby residents.”