The Court of Appeal ruling on 23rd January refused permission for a judicial review against RCBC’s decision to grant a lawful use certificate to Banaras Halal Meats Limited, but spokesman Mark Belch says the decision was good for residents.
Mark said: “Councillor McLuckie’s recent statement defending the Council’s position on the slaughterhouse was premature. She said ‘everything had been handled as it should have been within planning laws’ but this is now proven to be false. The judgement was not good for the Council. It has already been recognised by the Courts that RCBC unlawfully failed to comply with EEC directives and planning regulations when permission was granted in 1992 and this was noted in the recent judgement, so I don’t see how she can say their position was always robust. It’s simply not true.
“The Court of Appeal judgement was good for us because it underlined the existing law applicable in this case which requires the Council to nullify the consequences of their admitted unlawful actions. They had the opportunity to do this when they worked with Banaras Halal Meats Limited on the scheme to reopen the slaughterhouse but failed to do so. We now expect the Council to read the judgement and act on it by serving an immediate notice of discontinuation on Banaras Halal Meats Limited to limit the unlawful consequences on local people.
“George Dunning has previously said he will continue to work with residents to try to find the best possible solution for people in the village and now he has every reason to get his finger out. Our solicitor is awaiting a response from the Council”.
Residents have already been successful in preventing the industrial site from erecting an eight foot security fence along the High Street and they received strong support from The Planning Inspectorate, despite RCBC Planning Committee Chairman and Councillor for Brotton, Brian Hogg , twice advising members to vote in favour of the BHM Limited.
Cllr Helen McLuckie, portfolio holder for Highways, Planning and Transportation commented: “Whilst we await receipt of the full judgment of the Court, the main point is that a further challenge to the procedures and decisions of Redcar and Cleveland Council and its predecessor, Langbaurgh Council, has failed. This is again vindication of the recent decisions taken in respect of the site.
“We note the comments of BASH that they, or their legal advisors, suggest they are awaiting the response of the Council. However, the Council has not received any legal representation from decisions made by ourselves or our predecessor council that require our consideration and response. We will continue to work with the community and the owner to resolve issues surrounding the opening of the abattoir.”