A HIGH COURT battle to stop the restoration of Blackbridge Tip is on the cards after St Albans District Council decided to serve a writ on Redland Aggregates last week.
Councillors on the policy and resources committee agreed to the move in a bid to uphold an agreement signed in 1973 by the district council, Redland and Hertfordshire County Council, banning any future tipping on the site in Wheathampstead.
Redland received planning permission to restore the tip in 1993, despite the earlier agreement, and the county council decided not to stand in the extraction company's way when it discussed the issue last year.
However, the district council decided it would seek to uphold the agreement and vowed to go as far as the High Court after taking legal advice from counsel.
Council leader Sheila Burton said: "I have decided that the district council will not stand by and watch the destruction of Wheathampstead.
"The 1973 agreement between Redland, the district council and county council was quite clear in its message - no more tipping at Blackbridge.
"The district council's position is that the 1993 planning permission does not allow Redland to ignore the 1973 no tipping agreement.
"We will be instructing counsel to defend this position."
The council is also planning to serve a writ on Hertfordshire County Council if it decides not to become a co-plaintiff in the High Court.
Mrs Burton said: "I hope the county council will now urgently rethink its position on Blackbridge and join with the district council to defend the village."
The county council is able to reconsider its position and become a co-plaintiff at any time during the legal proceedings.
Wheathampstead District and Preservation Society, which has always maintained the 1973 agreement is legally binding, was delighted with the council's decision.
Chairman Chris Coles said: "This breakthrough is marvellous and shows once more what can be achieved by the village against all the odds and despite the power of big business.
"It is a sobering thought that but for the efforts of the society, the village could now be facing the horrific double whammy of a massive superstore and a massive tip operation."
Converted for the new archive on 30 June 2000. Some images and formatting may have been lost in the conversion.
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