Environment Agency case against Waste4Fuel dismissed by High Court

News Shopper: The Waste4Fuel site in Cornwall Drive, St Paul's Cray The Waste4Fuel site in Cornwall Drive, St Paul's Cray

The High Court has dismissed the Environment Agency (EA)'s case against Waste4Fuel.

The EA was seeking contempt charges against the recycling company, former company director Bryan Hughes, new company director Shelley Hurst and site manager Jonathan Beckson.

The charges were in relation to Waste4Fuel not complying with an undertaking to install appropriate fire breaks and separate areas for new waste at the site.

Meanwhile, in November last year, the EA acquired a High Court order requiring all combustible waste to be removed from the St Paul's Cray site by May 1, but Waste4Fuel failed to comply.

Dennis Clark, 64, whose house in Cornwall Drive is next to the site, said: "I absolutely cannot believe it. I don't know how this has happened - it doesn't make sense.

"The law doesn't seem to protect people like us. 

"Why doesn't the judge come down here and see what it's like for himself.

"I think parliament need to get involved - the Prime Minister - they are the only people that can help us."

An Environment Agency spokesman said: "We will consider the judge’s ruling when he provides detail for his decision today.

"Until we receive it, it would be inappropriate for us to comment on the ruling.

"In the meantime, we are assessing our options with regards to the terms of the final order to see whether further proceedings should be brought for a breach of its terms.

"We will continue to do everything within our power to bring the site back into compliance."

The fumes caused by repeated fires at the site have caused significant stress among local residents over the last two years.

Some claim they haven't opened a window in that time, while others say the continuous stench has made them physically sick.

A petition has been set up calling for the closure of the Waste4Fuel site, and can be found here.

Comments (27)

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5:22pm Tue 1 Jul 14

Slonik says...

On face value, this is NOT good news. Feel very sorry for those whose lives are being seriously blighted by an ever growing mountain of waste which only lacks a flag on its summit.
On face value, this is NOT good news. Feel very sorry for those whose lives are being seriously blighted by an ever growing mountain of waste which only lacks a flag on its summit. Slonik
  • Score: 42

5:35pm Tue 1 Jul 14

reasonable75 says...

Perhaps the judge should try living there for a couple of weeks
Perhaps the judge should try living there for a couple of weeks reasonable75
  • Score: 52

5:38pm Tue 1 Jul 14

mouthalmighty says...

Out rageous.

Can anyone else see the head near the top of the pile pointing to the right?
Out rageous. Can anyone else see the head near the top of the pile pointing to the right? mouthalmighty
  • Score: 5

5:41pm Tue 1 Jul 14

bnorther says...

You have to be kidding me....?
You have to be kidding me....? bnorther
  • Score: 20

5:47pm Tue 1 Jul 14

Eagles_Man says...

WTF?!?!?

(Basically I'm lost for words!)
WTF?!?!? (Basically I'm lost for words!) Eagles_Man
  • Score: 25

6:06pm Tue 1 Jul 14

Oldchap says...

I'm a bit confused, the Environment Agency acquired a High Court order in November last year requiring all combustible waste to be removed from the site by May 1 - Waste4Fuel failed to comply. So surely this is contempt against the High Court

But today the High Court have dismissed the contempt charge, which is contempt of itself??????
I'm a bit confused, the Environment Agency acquired a High Court order in November last year requiring all combustible waste to be removed from the site by May 1 - Waste4Fuel failed to comply. So surely this is contempt against the High Court But today the High Court have dismissed the contempt charge, which is contempt of itself?????? Oldchap
  • Score: 48

6:14pm Tue 1 Jul 14

Gypo.Joe says...

Them old brahn envelopes they always work boi.

Well that an the old apron wearing on the square son.
Them old brahn envelopes they always work boi. Well that an the old apron wearing on the square son. Gypo.Joe
  • Score: 18

6:27pm Tue 1 Jul 14

catmantoo says...

I'm curious what would happen if a group including the residents blocked the entrance, and only allowed one way traffic - OUT..

Would the police be somewhat sympathetic, or would they all just get arrested straight away?
I'm curious what would happen if a group including the residents blocked the entrance, and only allowed one way traffic - OUT.. Would the police be somewhat sympathetic, or would they all just get arrested straight away? catmantoo
  • Score: 31

7:22pm Tue 1 Jul 14

The Fozziest of Bears says...

Time for the people to take direct action themselves.
The "powers that be" are obviously not listening.
Time for the people to take direct action themselves. The "powers that be" are obviously not listening. The Fozziest of Bears
  • Score: 25

8:34pm Tue 1 Jul 14

reasonable75 says...

catmantoo wrote:
I'm curious what would happen if a group including the residents blocked the entrance, and only allowed one way traffic - OUT..

Would the police be somewhat sympathetic, or would they all just get arrested straight away?
Unfortunately even if the police were sympathetic, the law would be on the side of Waste4fuel so people would be arrested for obstructing the road

And I expect the court would deal with them immediately - none of the waiting months

Any of them found in contempt would soon be in a cell
[quote][p][bold]catmantoo[/bold] wrote: I'm curious what would happen if a group including the residents blocked the entrance, and only allowed one way traffic - OUT.. Would the police be somewhat sympathetic, or would they all just get arrested straight away?[/p][/quote]Unfortunately even if the police were sympathetic, the law would be on the side of Waste4fuel so people would be arrested for obstructing the road And I expect the court would deal with them immediately - none of the waiting months Any of them found in contempt would soon be in a cell reasonable75
  • Score: 18

12:02am Wed 2 Jul 14

SidcupResident says...

As I previously posted the Environment Agency is a useless quango full of professional tea drinkers on over inflated salaries, costing the taxpayer £millions!

Everyone needs to sign the government E-petition for the Environment Agency to be scrapped, with it's powers devolved to the local councils and government.

http://epetitions.di
rect.gov.uk/petition
s/60509
As I previously posted the Environment Agency is a useless quango full of professional tea drinkers on over inflated salaries, costing the taxpayer £millions! Everyone needs to sign the government E-petition for the Environment Agency to be scrapped, with it's powers devolved to the local councils and government. http://epetitions.di rect.gov.uk/petition s/60509 SidcupResident
  • Score: 9

4:14am Wed 2 Jul 14

molsey says...

Cllr Colin Smith and Bromley Council Planning and Legal departments should now step in with the Discontinuous Order, no excuses now.

Discontinuance Orders
Section 102 of the Town and Country Planning Act 1990 enables a local planning
authority to make an order requiring that any use of land shall be discontinued, or
continued subject to conditions (s102(1)(a)), or that any buildings or works shall be
altered or removed (s102(1)(b)). An order may also grant planning permission for
development subject to conditions specified in the order.
An order under s102 can be made if the local planning authority is satisfied that it is
appropriate in the interests of the proper planning of the area (including the
interests of amenity and any present or future detriment to amenity). The decision
to make a discontinuance order must take account of the development plan and
other material considerations.
Discontinuance orders are made to deal with the use to which land is being put.
An order can discontinue any existing use of land (whether lawful or unlawful) or,
alternatively, can impose conditions on the continuance of a use of land. It may
also require any buildings or works to be altered or removed.
A claim for compensation may be made to the local planning authority under s115
of the Act if it is shown that a person having an interest in the land has suffered
damage in consequence of the order. Other persons may be entitled to
compensation in respect of disturbance in their enjoyment of the land or for
carrying out works in compliance with the order.
Unlike unopposed revocation and modification orders, discontinuance orders need
to be confirmed by the Secretary of State. He has power to modify the submitted
order, including power to grant planning permission or to modify the order’s grant
of planning permission. Before confirming an order, the Secretary of State must
provide an opportunity to be heard to any person on whom the order has been
served.
Cllr Colin Smith and Bromley Council Planning and Legal departments should now step in with the Discontinuous Order, no excuses now. Discontinuance Orders Section 102 of the Town and Country Planning Act 1990 enables a local planning authority to make an order requiring that any use of land shall be discontinued, or continued subject to conditions (s102(1)(a)), or that any buildings or works shall be altered or removed (s102(1)(b)). An order may also grant planning permission for development subject to conditions specified in the order. An order under s102 can be made if the local planning authority is satisfied that it is appropriate in the interests of the proper planning of the area (including the interests of amenity and any present or future detriment to amenity). The decision to make a discontinuance order must take account of the development plan and other material considerations. Discontinuance orders are made to deal with the use to which land is being put. An order can discontinue any existing use of land (whether lawful or unlawful) or, alternatively, can impose conditions on the continuance of a use of land. It may also require any buildings or works to be altered or removed. A claim for compensation may be made to the local planning authority under s115 of the Act if it is shown that a person having an interest in the land has suffered damage in consequence of the order. Other persons may be entitled to compensation in respect of disturbance in their enjoyment of the land or for carrying out works in compliance with the order. Unlike unopposed revocation and modification orders, discontinuance orders need to be confirmed by the Secretary of State. He has power to modify the submitted order, including power to grant planning permission or to modify the order’s grant of planning permission. Before confirming an order, the Secretary of State must provide an opportunity to be heard to any person on whom the order has been served. molsey
  • Score: 11

8:20am Wed 2 Jul 14

concerned.erith says...

WTF! How the hell can this be allowed to continue?
WTF! How the hell can this be allowed to continue? concerned.erith
  • Score: 11

8:21am Wed 2 Jul 14

concerned.erith says...

Oldchap wrote:
I'm a bit confused, the Environment Agency acquired a High Court order in November last year requiring all combustible waste to be removed from the site by May 1 - Waste4Fuel failed to comply. So surely this is contempt against the High Court

But today the High Court have dismissed the contempt charge, which is contempt of itself??????
looks like contempt for the high court themsevles,
[quote][p][bold]Oldchap[/bold] wrote: I'm a bit confused, the Environment Agency acquired a High Court order in November last year requiring all combustible waste to be removed from the site by May 1 - Waste4Fuel failed to comply. So surely this is contempt against the High Court But today the High Court have dismissed the contempt charge, which is contempt of itself??????[/p][/quote]looks like contempt for the high court themsevles, concerned.erith
  • Score: 9

8:23am Wed 2 Jul 14

concerned.erith says...

catmantoo wrote:
I'm curious what would happen if a group including the residents blocked the entrance, and only allowed one way traffic - OUT..

Would the police be somewhat sympathetic, or would they all just get arrested straight away?
I would seroiusly urge them to take this action - would be very interesting to see what W4F do>
[quote][p][bold]catmantoo[/bold] wrote: I'm curious what would happen if a group including the residents blocked the entrance, and only allowed one way traffic - OUT.. Would the police be somewhat sympathetic, or would they all just get arrested straight away?[/p][/quote]I would seroiusly urge them to take this action - would be very interesting to see what W4F do> concerned.erith
  • Score: 8

9:01am Wed 2 Jul 14

highway warrior says...

Unbelieveable, the owner must be very pally with the judge! Shocking decision.
Unbelieveable, the owner must be very pally with the judge! Shocking decision. highway warrior
  • Score: 9

9:58am Wed 2 Jul 14

FPool1 says...

reasonable75 wrote:
catmantoo wrote:
I'm curious what would happen if a group including the residents blocked the entrance, and only allowed one way traffic - OUT..

Would the police be somewhat sympathetic, or would they all just get arrested straight away?
Unfortunately even if the police were sympathetic, the law would be on the side of Waste4fuel so people would be arrested for obstructing the road

And I expect the court would deal with them immediately - none of the waiting months

Any of them found in contempt would soon be in a cell
Technically, it's a private road, not a public right of way. So the police can't do anything....
[quote][p][bold]reasonable75[/bold] wrote: [quote][p][bold]catmantoo[/bold] wrote: I'm curious what would happen if a group including the residents blocked the entrance, and only allowed one way traffic - OUT.. Would the police be somewhat sympathetic, or would they all just get arrested straight away?[/p][/quote]Unfortunately even if the police were sympathetic, the law would be on the side of Waste4fuel so people would be arrested for obstructing the road And I expect the court would deal with them immediately - none of the waiting months Any of them found in contempt would soon be in a cell[/p][/quote]Technically, it's a private road, not a public right of way. So the police can't do anything.... FPool1
  • Score: 6

10:00am Wed 2 Jul 14

ns martin says...

Direct action is what is needed now chain the gates shut weld them shut chain ya self to the gates block the road which can be done and the police won't be albe to do anything as the bottom end off that road is private so would be a civil matter .
Direct action is what is needed now chain the gates shut weld them shut chain ya self to the gates block the road which can be done and the police won't be albe to do anything as the bottom end off that road is private so would be a civil matter . ns martin
  • Score: 7

10:02am Wed 2 Jul 14

FPool1 says...

If we can get 100,000 signatures, this petition to clear and close W4F will be passed to the House of Commons. Please do sign it!

http://epetitions.di
rect.gov.uk/petition
s/67005
If we can get 100,000 signatures, this petition to clear and close W4F will be passed to the House of Commons. Please do sign it! http://epetitions.di rect.gov.uk/petition s/67005 FPool1
  • Score: 12

10:51am Wed 2 Jul 14

PaulErith says...

FPool1 wrote:
If we can get 100,000 signatures, this petition to clear and close W4F will be passed to the House of Commons. Please do sign it!

http://epetitions.di

rect.gov.uk/petition

s/67005
Certainly happy to sign petition. I'm with other people with regards to direct action, i.e. blockades, should take place.
[quote][p][bold]FPool1[/bold] wrote: If we can get 100,000 signatures, this petition to clear and close W4F will be passed to the House of Commons. Please do sign it! http://epetitions.di rect.gov.uk/petition s/67005[/p][/quote]Certainly happy to sign petition. I'm with other people with regards to direct action, i.e. blockades, should take place. PaulErith
  • Score: 9

1:14pm Wed 2 Jul 14

ns martin says...

I have been to the site today and there has Been a lot action fire brigade officers publice health England bromley council and the health and safety executive have been on site to today also there is reports off a camera crew being there tomorrow to film for a program being aired that night so g come tell them what you think
I have been to the site today and there has Been a lot action fire brigade officers publice health England bromley council and the health and safety executive have been on site to today also there is reports off a camera crew being there tomorrow to film for a program being aired that night so g come tell them what you think ns martin
  • Score: 3

2:24pm Wed 2 Jul 14

reasonable75 says...

Gypo.Joe wrote:
Them old brahn envelopes they always work boi.

Well that an the old apron wearing on the square son.
You might be right about the funny handshake mob
[quote][p][bold]Gypo.Joe[/bold] wrote: Them old brahn envelopes they always work boi. Well that an the old apron wearing on the square son.[/p][/quote]You might be right about the funny handshake mob reasonable75
  • Score: 3

11:03pm Wed 2 Jul 14

English Citizen says...

I would buy some BIG lorries and park them either side of the road so you could only get a car down the middle. Have signed and shared petition. You need a face book page to get more coverage. Write to your MP and PM with pictures. Call Ann Robinson from watch dog - Your local TV station - anything that grabs attention!
I would buy some BIG lorries and park them either side of the road so you could only get a car down the middle. Have signed and shared petition. You need a face book page to get more coverage. Write to your MP and PM with pictures. Call Ann Robinson from watch dog - Your local TV station - anything that grabs attention! English Citizen
  • Score: 5

4:30pm Fri 4 Jul 14

mouthalmighty says...

Surely this must be against theirs and our human right. Please let us know how we the public can help, and please note that we all haven't got facebook, twitter or other social websites. Thank you.
Surely this must be against theirs and our human right. Please let us know how we the public can help, and please note that we all haven't got facebook, twitter or other social websites. Thank you. mouthalmighty
  • Score: 1

10:44pm Fri 4 Jul 14

flea_in_ear says...

mouthalmighty wrote:
Surely this must be against theirs and our human right. Please let us know how we the public can help, and please note that we all haven't got facebook, twitter or other social websites. Thank you.
There is a petition https://submissions.
epetitions.direct.go
v.uk/petitions/67005
[quote][p][bold]mouthalmighty[/bold] wrote: Surely this must be against theirs and our human right. Please let us know how we the public can help, and please note that we all haven't got facebook, twitter or other social websites. Thank you.[/p][/quote]There is a petition https://submissions. epetitions.direct.go v.uk/petitions/67005 flea_in_ear
  • Score: 0

1:38pm Sun 6 Jul 14

tdlkent says...

One hundred thousand signatures is a hell of a lot, but given the number of homes and businesses in Bromley and its environs, we can do it.
One hundred thousand signatures is a hell of a lot, but given the number of homes and businesses in Bromley and its environs, we can do it. tdlkent
  • Score: 1

6:32am Mon 7 Jul 14

flea_in_ear says...

tdlkent wrote:
One hundred thousand signatures is a hell of a lot, but given the number of homes and businesses in Bromley and its environs, we can do it.
The number is creeping up. It is important to remember that this is not specifically a Bromley/Bexley issue. It is something which potentially could affect anyone else where a recycling plant is set up or is already running. Thefore it would be appropriate for anyone to sign. The point of the epetitions.direct.go
v is that upon reaching the 100,000 target, they should be able to be discussed in parliament. Therefore anyone aware of the petition and supporting it could send the link on to their contacts.

Going beyond Waste4Fuel, it may be that a large deposit would have to be paid before any recycling could commence in order to deal with such matters in the future should companies get into difficulties.
[quote][p][bold]tdlkent[/bold] wrote: One hundred thousand signatures is a hell of a lot, but given the number of homes and businesses in Bromley and its environs, we can do it.[/p][/quote]The number is creeping up. It is important to remember that this is not specifically a Bromley/Bexley issue. It is something which potentially could affect anyone else where a recycling plant is set up or is already running. Thefore it would be appropriate for anyone to sign. The point of the epetitions.direct.go v is that upon reaching the 100,000 target, they should be able to be discussed in parliament. Therefore anyone aware of the petition and supporting it could send the link on to their contacts. Going beyond Waste4Fuel, it may be that a large deposit would have to be paid before any recycling could commence in order to deal with such matters in the future should companies get into difficulties. flea_in_ear
  • Score: -2
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