Oxfordshire council have won a long-running dispute with a golf course owner over the removal of waste materials that are causing “serious harm” to the environment.
The High Court has given Wyatt Bros and its directors, Michael and Ronald Wyatt, a 10-month deadline to remove the waste, which the company dumped at the Waterstock golf course near Oxford in the late 1990s.
Beatson J said that, notwithstanding the financial consequences of granting an injunction against Wyatt Bros, it was “proportionate” to do so because the breach had persisted since 1997.
“The breach is a substantial one that seriously detracts from the former openness of the site and conflicts with both waste and green-belt policies,” he said. “The defendant has had ample opportunity to seek to cure the breach by a suitable application for planning permission, but has not done so.”
Oxfordshire council first served enforcement notices requiring removal of the waste from the 74.5ha golf course in September 1997, but Wyatt Bros continued to deposit material on the site until February 1998, when an injunction was granted preventing further deposits. The company now has until August 2006 to remove the waste and to prepare the ground for seeding.
The golf course, which is located on the edge of Waterstock village, is bounded by the River Thames, the M40 and the A418.
Oxfordshire County Council v Wyatt Bros (Oxford) Ltd and others Queen’s Bench Division (Beatson J) 3 November 2005.
References: EGi Legal News 03/11/05