The Inspector who conducted the Public Inquiry in 2021 concluded that the Enforcement Notice (EN) issued by AVBC with reference to unauthorised operational development works at Haytop Park should stand. HCPL appealed against that decision and the case went before the High Court earlier this year. We have only recently become aware that the Judge ruled in favour of AVBC so the provisions of the EN should now be applied. The full Approved Judgement handed down by the Judge can be found in “Haytop Judgement July22” on our documents page.
This means that HCPL have six months from the date of Judgement (15th July 2022) to comply with the EN. So, Haytop are required to return the land to the original gradient and contours, remove the gabion walls, roads, concrete hard standings and other structures as indicated in the Notice. We are waiting for legal clarification regarding any further implications of the High Court’s decision and how the park owners might react to this ruling.
WACAG understands that there is another outstanding appeal, against the Tree Replacement Notice, which was suspended pending the decision on the EN. Hopefully that appeal can now also be resolved so that a decision can be made regarding the number, species and locations for replanting of more than 100 trees that were illegally felled in 2017.
Meanwhile, we would remind readers that the Inspector did agree that HCPL could legally install up to 60 units on the site and AVBC has already granted a site licence for three units following a direction by the First Tier Tribunal. Those units, together with the others on the site, are sitting on concrete hard standings which, presumably, should now be removed in order to comply with the EN, but that has not been confirmed.
We are pleased to report this favourable judgement but await further developments and will inform our supporters as and when we learn of them.