Tip refusal based on ‘flawed advice’

Council braced for appeal

THE Environment Agency acted on flawed advice from Oldham Council when it turned down an application to tip waste at Birks Quarry.

That’s the view of Open Goal, the Royton-baseed firm which disputes claims that it can’t meet permit conditions at the quarry in Huddersfield Road on the Lees-Austerlands border.

The company says the Environment Agency acted unreasonably in reaching its decision based on a draft document.

In a statement last week, Councillor Mark Alcock, Oldham Council’s Cabinet member for the environment and infrastructure, said the council was preparing a detailed dossier to present to a planned appeal hearing.

“We are determined to be armed with the necessary evidence to stop this application, ” he said.

An Open Goal appeal document states: “The Environment Agency has acted unreasonably and outside the scope of permitting legislation in refusing the permit on the single issue of mud on the road.

“The agency has placed too much weight in acting on flawed advice from Oldham Council, which has previously made no objection.

“The agency has acted unreasonably in that the reasons for refusal had already been tested under the planning application process that was the subject to four appeals at which the issue of mud on the highway was fully considered.

“An agreement between the appellant and Oldham Council regarding mud management was approved by the planning inspector at the final appeal.”

The ruling by the Environment Agency last month was in-keeping with the public policy and position of the council which had opposed the proposal since the initial planning application was submitted in 1985.

Councillor Alcock added: “We fully expect Open Goal to appeal the decision and our officers have been continuing to observe and compile evidence on activity at the site in order to support our case.”

In January, 150 residents raised issues about the quarry at a public meeting with council, planning and Environment Agency officials.

The Birks Quarry Action Group met with Phil Woolas, MP for Oldham East and Saddleworth, last weekend to discuss the appeal.

Mr Woolas said: “Nothing has changed to make me think that an appeal would be successful.”

Documents relating to the appeal can be viewed at the council’s environmental services department at Chadderton Town Hall, Middleton Road.