Breach of planning leads to hefty fines in Kirklees
Kirklees is not a place you can breach planning control orders and ignore enforcement notices. This is the message we’re sending, to those in breach of planning permissions, following a successful prosecution of three individuals.
Who was prosecuted?
The prosecution was brought because landowner Christopher Hitchins was leasing green belt land to The Yorkshire Stone Company Limited who were processing stone without planning permission and in breach of a previously served planning Enforcement Notice on the site in Heator Lane, Lower Cumberworth in Huddersfield.
We were alerted following residents’ complaints about the operation in 2019 which caused noise pollution to people living nearby.
Why were they prosecuted?
We had previously served two enforcement notices to cease which were both ignored by the landowner and operator. The first on 1 July 1991 which prevented the storage of stone. Furthermore, then 3 September 2007 which prevented the processing of stone through cutting, chipping, sorting and dressing.
How much were they fined?
The three defendants were each charged with breaching a planning enforcement notice under s.179 Town and Country Planning Act 1990 in respect of land at Heator Lane, Upper Cumberworth, Huddersfield. All were found guilty by District Judge Capstick and were issued financial penalties of over £38,000.
Landowner Christopher Hitchens of Cumberworth, Huddersfield, and The Yorkshire Stone Company Limited Directors Alan Pogson and Shaun Lockwood, of, Meltham, Huddersfield, were ordered to pay Kirklees Council’s court costs of £18,000.
In addition, Christopher Hitchins was fined £8,000, Allan Pogson was fined £6000, and Andrew Lockwood was fined £6,000.
Cllr Graham Turner, Cabinet Member for Regeneration said
“This prosecution sends out a clear message that you cannot just ignore planning and enforcement notices in Kirklees. It shows our commitment to upholding planning rules and holding those who break them to account. I hope this example gives reassurance to our communities that where harm is caused by a breach of planning control, appropriate action will be taken.”