Walleys Quarry mediation frequently asked questions
Why does it give 5 months to comply when the council served the notice on 13 August 2021?
The appeal triggered two things.
- It “stopped the clock” on the 5 month timeframe for abatement; and,
- It started a legal process leading to a trial in the Magistrates Court to decide whether or not the Abatement Notice was valid.
When the court dismissed Walley Quarry Limited’s (WQL) appeal, following the agreement reached between the council and WQL the “5 month clock” restarted. WQL now have until midnight on 5 March 2023 to comply with the notice. The council was not able to amend the notice so that it took effect straight away, because the law does not allow a notice to be amended in a way that is detrimental to WQL. Reducing the time limit for compliance would have been detrimental to WQL. This is, in the council’s view, an area of the law that needs to be reviewed.