Casebook: Court case - County secures order on golf course tipping

Oxfordshire County Council has obtained an injunction requiring the owners of a golf course to remove unauthorised waste that had been tipped there up to eight years previously.

The council served an enforcement notice requiring the removal of waste from the 75ha course in September 1997. Material continued to be deposited until February 1998, when an injunction was granted preventing further tipping. The owners failed to remove the unauthorised material in breach of the enforcement notice.

Mr Justice Beatson agreed that the scale of the development detracted from the openness of the site. In line with waste and green belt policies, he determined that it was appropriate to issue an injunction requiring its removal within ten months. The owners' failure to either remove the waste or apply for planning permission for its retention made an injunction proportionate to the harm caused, he ruled.

Oxfordshire County Council v Wyatt Brothers (Oxford) Ltd and Others; Date: 3 November 2005; Ref: IHQ/05/0544.


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