Great Harwood scrap yard closed for three months

The order relates to part of the business operated by Tommy and Mary Smith and was sought by a multi-agency team as a result of waste burning which resulted in hundreds of complaints.

Blackburn magistrates heard the fire brigade would not enter the site on Alan Ramsbottom Way unless there was a significant police presence because of the fear of violence.

A fire service manager was allowed to give evidence anonymously and the identities of five civilian witnesses, living in Great Harwood and Clayton-le-Moors, were kept secret because of fears of intimidation and recriminations.

The court heard that on many occasions the fire service responded to complaints but could not enter the site because not enough police officers could be in attendance.

And police superintendent Julian Platt told the court people who had complained about the on site burning were reluctant to come forward because of "fear and intimidation."

Superintendent Platt said that after a temporary closure order was served on September 6 there had been a significant fire started after police had left the site. And the fire brigade witness produced photographs taken from a drone which showed a fire in an air burner and one at another location.

Superintendent Platt said there were an estimated 500 tons of mixed waste on the site on the day the temporary closure order was served and some of it had been dug into a hole.

The fire service officer produced a log of 91 call outs to the site which he said had a significant impact in the fire service in Lancashire.

"It involves the mobilisation of appliances and staff which often have to stand around for several hours," he said.

The officer said a risk assessment had identified the possibility of physical attack and intimidation.

"It identifies the need for a police presence with a capability but the resources aren't always available," said the officer. "The police always attend but there are not always enough of them to enable our staff to enter the site safely."

Tommy Smith told the court he had spent £48,000 on an air burner to reduce the amount of smoke when he was burning clean wood which he was licensed to do. He denied that he had ever burned anything else.

"I've been no angel and I don't live by the law," he told the court. "I am a gypsy person and I am proud of it. The police hate the sight of me. We were told we could burn wood and we burned clean wood."

He said fires were burning on nearby allotments "day and night" and that a nearby skip hire company also burned rubbish.

The court was told the air burner had been confiscated and removed from the site on the day the temporary closure order was made.

After the hearing, a police spokesman said: “We are pleased that magistrates have seen fit to hand the T.H.Smith waste site a closure order as it is unacceptable that members of the public should have to live side-by-side with criminal, antisocial and environmental activities that have such an impact on their lives.

“The order will last for three months. We hope this reassures members of the local community that we are doing everything we can to address their concerns. If activity does continue at the site we will continue to work as a partnership, and will use all the powers available to us to ensure those responsible are dealt with accordingly.

“The result is a positive step forward for the community of Hyndburn, and we would like to thank them for their patience and support while we have been working to reach this point.”