Storage business and director fined for council planning notice breach

Mill House Metals Limited and director William Smith have been fined in connection with unpermitted development at White Moss Nursery and Garden Centre in Cuerdley.

The Warrington Guardian has reported on a number of planning applications regarding shipping containers at White Moss over recent years.

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But after receiving reports of an unauthorised development at the site, Warrington Borough Council launched an investigation.

This found that a large part of the site had been cleared, with a hardstanding material laid to accommodate shipping containers for storage.

The land had previously formed part of the garden centre, with the council stating that this was ‘an open green space, with trees and shrubs that made a positive contribution to the semi-rural setting of the garden centre’.

“The unauthorised development had led to a reduction in natural landscaping, and introduced an unsightly form of development which had an industrial character and appearance,” a spokesman said.

The council served an enforcement notice, which was the subject of an appeal which came before the Secretary of State.

An inspector appointed by the Secretary of State agreed with the council that the development was harmful and not in accordance with the development plan, and that it should not be allowed.

Despite losing the appeal, the business refused to comply with the enforcement notice and continued operating the storage business.

Shipping containers were installed at White Moss Nursery and Garden Centre in Cuerdley (Image: Google Maps)

As a result, the council took legal action to get the business use to stop, and for the site to be put back to its former condition and appearance.

Mill House Metals and Smith, aged 40 and of Vauxhall Road, Liverpool, pleaded guilty and were sentenced recently at Liverpool Crown Court.

During the sentencing hearing, the judge made it clear that the loss of amenity to the area, and the time period over which the offence was committed, were aggravating features.

Another factor was that the work to put this issue right was not yet complete, and that it had not been started until after the guilty pleas had been entered at an earlier hearing.

However, the fact that a lot of work has now been completed, at a cost exceeding £39,000, and that the defendants had originally relied on incorrect professional advice, was mitigation for the offence.

Mill House Metals was handed a fine of £7,500, with £3,596 in costs, with Smith also fined £7,500 and told to pay £2,000 in costs.

The sentence by the court was welcomed by Cllr John Kerr-Brown, the council’s cabinet member for environment and public protection.

He said: “The loss of what was previously an area of attractive green space at the garden centre, with trees and shrubs, and the introduction of an industrial development of shipping containers on hardstanding, is clearly unacceptable.

“This investigation has committed a lot of time and effort over several years, and is still ongoing, but we will continue to take action to ensure that the land is put back to an acceptable condition.”