Council is “doing everything possible” about wall of tyres “eyesore”
Published Tuesday, 25th March 2014
A FULL meeting of Warrington Borough Council last night heard that senior councillors and officers are “doing everything possible” to deal with the issue of the so-called tyre wall at Farrell Street.
The council’s executive board member for environment and public protection, Cllr David Keane, told the meeting at Warrington Town Hall that the council was “exploring all legal remedies”.
Cllr Ian Marks asked “What powers does the council have to enforce the clearance of these and why is it taking such a long time for any powers to be enacted?”
In response Cllr Keane explained in detail that:
- Under the powers contained within Section 215 of the Town & Country Planning Act 1990, we served a notice on the owner/occupier of the land concerned (on 23rd January 2014) which required that the tyre bales be removed from the site. The notice required the tyre bales to be removed before 6th March 2014.
- The owner of the land subsequently appealed against the terms of the notice and the matter was considered by Warrington Magistrates Court on 5th March 2014, where the court agreed to an adjournment of the case to allow the owner of the land to provide evidence in support of the appeal, despite having a significant period of time to provide evidence before the courts. The appeal against the notice served by the council will now take place on 21st May 2014 at Warrington Magistrates Court.
- The council also sought to prosecute the owner of the land for displaying advertisements illegally on the site and again the case was considered by Warrington Magistrates Court on 5th March 2014, where the court again adjourned the case until after determination of the appeal against the above notice. The prosecution for illegal advertisements will therefore also be heard at Warrington Magistrates Court on 21st May 2014.
- Unfortunately, the timescales for the above courses of action are set by the relevant legislation and the availability of the Magistrates Court itself and of course, the owner of the land is able to appeal against such action taken by the council.
Cllr Keane concluded: “The council are doing everything possible to address this issue, exploring all legal remedies open to us, to work around the limitations of the legislation in terms of the protracted timescales and ensure that the amenity of the area is protected in the best possible way.”