I WAS very disappointed in your reporting of the trial of the prosecution (LET, June 16) brought by Blackburn with Darwen Borough Council against Mr and Mrs Shorrock relating to the deposit of soil on their farm at Brokenstones Road.
Your suggestion that the council was "slammed" by Judge Gilbart QC is wholly at odds with his remarks during sentencing. Far from being critical of the council for the way the prosecution was handled, this criticism was aimed at the defendants' legal advisers. To paraphrase the judge's comments, he informed the Shorrocks, "You have been badly advised throughout the proceedings." And later "the time has come to the defendants to have sensible advice from an environment consultant."
I accept that the judge, in passing, made reference to the council being unable to act sooner because of the actions of an officer. However, he also confirmed that this had been dealt with by the Local Government Ombudsman.
The judge also observed that the council should not issue further proceedings based upon the failure of Mr and Mrs Shorrock to comply with the enforcement notices. It was clear, based upon the Shorrocks depiction of their financial situation that a further prosecution would not lead to the material being removed.
This was not a criticism of the council for pursuing the case, but a view as to the approach the council should take from this point on.
The council is considering alternative methods of dealing with the site and is intending to involve the neighbouring property in this process.
The council was clearly vindicated in bringing this prosecution as borne by the two guilty verdicts obtained.
PHILIP S WATSON, Chief Executive, Blackburn with Darwen Borough Council.
l Editor's Footnote: Our story was an accurate report of the court case. Judge Gilbart criticised the borough council's delay in acting to have the land cleared. It was also made clear in all of the headlines and the first paragraph that the couple were guilty of failing to remove rubbish from the land.
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