Mark Edward Fuller allowed thousands of tonnes of wood, construction and demolition waste to be stockpiled at the Manor Farm site in North Runcton, Norfolk, without planning permission or a necessary permit, the Environment Agency has claimed.
Last week (17 March), Norwich Crown Court heard how in September 2010, Norfolk county council served an enforcement notice on Fuller, requiring him to stop taking waste on to the land and processing it to prevent “harm to the landscape and amenity”.
Mr Fuller appealed the notice in 2011, the court heard, but the Planning Inspector upheld the enforcement notice. He then unsuccessfully launched a second appeal against the Inspector’s decision with the High Court – which delayed the notice deadline.
In November 2012, the Environment Agency and council officers inspected the site – finding thousands of tonnes of wood waste in a 12-15 metre pile. Additionally thousands of tonnes of waste soil, construction and demolition waste had been imported and stockpiled, it was claimed.
Speaking to the investigating officers, Mr Fuller said he had not received letters from the Agency until the inspection – and until that time had thought the operation was legal.
But prosecuting on behalf of the council and the Environment Agency, Mark Watson said that despite correspondence meetings and site visits – Mr Fuller continued to operate illegally.
Guilty
County council officer Mike Adams claimed that Mr Fuller – having pleaded guilty to breaching the council’s enforcement notice – continued to fail to comply.
Mr Adams said: “This is a case that has stretched the powers of planning enforcement to the limit. The defendant refused to engage with the planning system; appeals, including High Court challenges with very little merit were designed to frustrate the enforcement procedure and have lengthened and increased the cost of this process.
“Three days after pleading guilty, Norfolk county council’s investigations confirmed that Mr Fuller was continuing to breach the Enforcement Notice. The council is determined that this type of activity will not be allowed to continue in such a sensitive location.”
Commenting on the sentence, which was handed down on Thursday, Environment Agency enforcement team leader Phil Hnderson, said: “This sentence reflects the seriousness with which the Environment Agency, our partners and the courts view this type of criminal offending and we will seek to prosecute those involved wherever possible.
“Operators need to ensure that they obtain the appropriate permission to operate waste sites and comply with the conditions of their permit.”
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