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High Court Order agreed to prevent importation of waste at Little Downham

The cost agreement in relation to a claim by Cambridgeshire County Council as the Waste Planning Authority, for a prohibitory Injunction to prevent the importation of waste onto agricultural land at Little Downham, has been finalised.

The cost agreement in relation to a claim by Cambridgeshire County Council as the Waste Planning Authority, for a prohibitory Injunction to prevent the importation of waste onto agricultural land at Little Downham, has been finalised.

The claim was heard at the High Court in the Royal Courts of Justice in London in July 2018, but the judge did not have to rule on the Injunction because the defendants agreed to accept the terms of a High Court Order instead.

The Order states that the defendants must not import any waste onto the land or undertake any engineering operations without fresh planning permission or the written consent of the County Council. The Order is drafted in the same terms sought by the Council under the Injunction and a confirmed breach could result in contempt of court proceedings just as if it were an Injunction.

The defendants were ordered to pay 75% of the Council’s legal costs which the Judge commented reflects the fact that the Council was successful in bringing the proceedings before the Court.

The final agreed costs amount that the defendants need to pay to the Council for the costs they incurred in bringing this case to the court is £11,500.00.

Cllr David Connor, Cambridgeshire County Council’s Chairman of the Planning Committee said: “This is a great success for the County Council, which should bring an end to the ongoing breaches of planning control at this site.

“This court action demonstrates that we will pursue enforcement action against people who breach planning controls to address unauthorised development and uphold confidence in the planning system.”


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