Council may take legal action against operator of Portland waste site

Dorset councillors have been told that a previous order in March required the site, the former Windmill Stables off Watery Lane, to be cleared  - but has still not been complied with.

Items have only been removed from a small section of the land,  an area owned by Portland Stone Firms, but the majority of the site, which is in a different ownership, remains scattered with rubbish including old household appliances and rubble. Former stable buildings, which should have been removed, are also still in place.

The site is a ‘designated local gap’ between Easton and Weston and close to several footpaths and bridleways. It is also higher than much of the area, making it visible for a considerable distance.

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Dorset Council took enforcement action to stop the use in August 2020, following public complaints in April, but the operation continued while an appeal was held, which was dismissed in January, refusing planning permission and upholding the council's enforcement.

A strategic planning committee heard on Monday that the site operator, a tenant on the land, argued that he was running a legitimate and useful waste recycling operation and that to stop would leave him unemployed.

Councillors were told that the authority will now consider further legal action – either to prosecute for non-compliance with the enforcement order; seek an injunction; or gain a court order which could include the legal power for the council to take direction action to clear the site and then recover the costs, although in that scenario key issues would be financing the clearance out of council funds and calculating what the chances were of being able to recover the full costs.

Councillors were told that another option could include levying a charge on the land which would come into being if/when the site was changed hands.

None of the courses of action have yet been agreed.