No further waste to be brought into Waste4Fuel site

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

The Environment Agency has served an enforcement notice on Waste4Fuel to stop any further waste being brought into the site.

The means any person depositing waste at Waste4Fuel in St Paul's Cray will be committing an offence and may face action from the Environment Agency.

Several conditions need to be met before further waste can be accepted at the site.

The Environment Agency is waiting for a written decision from the High Court after it dismissed a contempt of court case last week for failure to maintain fire breaks and store new waste separately at the site.

The High Court order required all combustible waste to be cleared from the site by May 1 this year, and the Environment Agency will consider what action it should take once the reasons for the courts' decision has been considered.

Andrew Pearce, Environment Agency area manager for Kent and south London, said: "This enforcement notice is another step towards the Environment Agency bringing the Waste4Fuel site back into compliance.

"The High Court Order we secured last year has not been complied with, and waste on site is slowly increasing.

"We understand the frustration of local residents and are doing everything within our power to bring the site back into compliance as soon as possible."


 

 

Comments (3)

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6:32am Thu 10 Jul 14

flea_in_ear says...

There is a petition to sign https://submissions.
epetitions.direct.go
v.uk/petitions/67005


Whilst the aim of the petition is to close the site down, the epetition to have matters discussed in parliament would be extremely useful in this case. Despite apparently having failed to comply with a court order, the Judge ruled that Waste4Fuel were not in breach of Court, although he has yet to make the reason for his decision known. This could potentially happen anywhere in the country where there is a similar site, and it needs to be discussed properly in parliament.

(The petition is not mine, and I do not live in Cornwall Drive, but I support the petition completely. I do not know how the residents have coped.)
There is a petition to sign https://submissions. epetitions.direct.go v.uk/petitions/67005 Whilst the aim of the petition is to close the site down, the epetition to have matters discussed in parliament would be extremely useful in this case. Despite apparently having failed to comply with a court order, the Judge ruled that Waste4Fuel were not in breach of Court, although he has yet to make the reason for his decision known. This could potentially happen anywhere in the country where there is a similar site, and it needs to be discussed properly in parliament. (The petition is not mine, and I do not live in Cornwall Drive, but I support the petition completely. I do not know how the residents have coped.) flea_in_ear
  • Score: 0

9:41am Thu 10 Jul 14

highway warrior says...

Who's monitoring this order? I bet they bring in more crap, they've ignored every other ruling thus far.
Who's monitoring this order? I bet they bring in more crap, they've ignored every other ruling thus far. highway warrior
  • Score: 5

9:43am Thu 10 Jul 14

molsey says...

Petras says...

molsey wrote:
Typical Cllr Smith yet again claiming all the glory for a smallfry case and a£100 fine, yet he has repeatedly shied away, sits on his hands and does absolutely nothing about waste4fuel.
You lie. The council have no power to do anything more in relation to waste 4 fuel. Cllr Smith has done more than most but his hands are unfortunately tied. It's a matter for the Enviroment Agency
Score: -1
Quote
Report this post
6:35am Tue 8 Jul 14
molsey says...

Petras wrote:
molsey wrote:
Typical Cllr Smith yet again claiming all the glory for a smallfry case and a£100 fine, yet he has repeatedly shied away, sits on his hands and does absolutely nothing about waste4fuel.
You lie. The council have no power to do anything more in relation to waste 4 fuel. Cllr Smith has done more than most but his hands are unfortunately tied. It's a matter for the Enviroment Agency
Petras,

I do not lie, not at all, if you've got a brain cell and it has not yet died of loneliness, read below and come back to me with any sensible criticism.

Of course this course of action would necessitate the council having to compensate Waste4Fuel but it would definitely solve the problem.

WASTE4FUEL, NINTH FIRE
ATT ROBIN FISK
Dear Mr Fisk, you have run 2 stories on the above, the first on Tuesday 26th Nov, and the second on Weds 27th Nov. Please review the comments in both stories and you will see I have spelt out the way to have the waste4Fuel yard closed down permanently by way of a DISCONTINUANCE ORDER. I obtained this solution from a good friend of mine who is a Planning Barrister from Chambers in the Temple, London.
At the time of writing neither Jo Johnson MP nor Cllr Colin Smith have replied to my posting/s. May I suggest you contact both of these Bromley officials to see if they are taking the DISCONTINUANCE ORDER route seriously and report their response in the NS.
Regards, Molsey
BY EMAIL 10.15AM MON 2ND DEC 2013

molsey says... 12.45pm Sat 30th Nov 13
AN OPEN LETTER TO COUNCILLOR COLIN SMITH

Dear Cllr Smith,

You have claimed and stated many things in your comments above, including that you and the Council has gone far beyond what it can control itself, I BEG TO DIFFER. You need have gone no further than your own Bromley Council Legal Department to find the LAW and the weapon in the Council's existing Enforcement Armoury that will deal with the Waste4Fuel fiasco once and for all. It is called a DISCONTINUANCE ORDER and I provide it below.

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.

I trust now you will bring this to the attention of your Legal Dept and report back here that you have done so?

Molsey
Petras says... molsey wrote: Typical Cllr Smith yet again claiming all the glory for a smallfry case and a£100 fine, yet he has repeatedly shied away, sits on his hands and does absolutely nothing about waste4fuel. You lie. The council have no power to do anything more in relation to waste 4 fuel. Cllr Smith has done more than most but his hands are unfortunately tied. It's a matter for the Enviroment Agency Score: -1 Quote Report this post 6:35am Tue 8 Jul 14 molsey says... Petras wrote: molsey wrote: Typical Cllr Smith yet again claiming all the glory for a smallfry case and a£100 fine, yet he has repeatedly shied away, sits on his hands and does absolutely nothing about waste4fuel. You lie. The council have no power to do anything more in relation to waste 4 fuel. Cllr Smith has done more than most but his hands are unfortunately tied. It's a matter for the Enviroment Agency Petras, I do not lie, not at all, if you've got a brain cell and it has not yet died of loneliness, read below and come back to me with any sensible criticism. Of course this course of action would necessitate the council having to compensate Waste4Fuel but it would definitely solve the problem. WASTE4FUEL, NINTH FIRE ATT ROBIN FISK Dear Mr Fisk, you have run 2 stories on the above, the first on Tuesday 26th Nov, and the second on Weds 27th Nov. Please review the comments in both stories and you will see I have spelt out the way to have the waste4Fuel yard closed down permanently by way of a DISCONTINUANCE ORDER. I obtained this solution from a good friend of mine who is a Planning Barrister from Chambers in the Temple, London. At the time of writing neither Jo Johnson MP nor Cllr Colin Smith have replied to my posting/s. May I suggest you contact both of these Bromley officials to see if they are taking the DISCONTINUANCE ORDER route seriously and report their response in the NS. Regards, Molsey BY EMAIL 10.15AM MON 2ND DEC 2013 molsey says... 12.45pm Sat 30th Nov 13 AN OPEN LETTER TO COUNCILLOR COLIN SMITH Dear Cllr Smith, You have claimed and stated many things in your comments above, including that you and the Council has gone far beyond what it can control itself, I BEG TO DIFFER. You need have gone no further than your own Bromley Council Legal Department to find the LAW and the weapon in the Council's existing Enforcement Armoury that will deal with the Waste4Fuel fiasco once and for all. It is called a DISCONTINUANCE ORDER and I provide it below. 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. I trust now you will bring this to the attention of your Legal Dept and report back here that you have done so? Molsey molsey
  • Score: 1
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