Campaigners fighting to stop tipping in a quarry near their homes are at the mercy of Calderdale Council's solicitors.

The legal experts are scrutinising planning legislation to resolve a legal wrangle about a proposal to dump 40,000 tonnes of building rubble over five years at Common Woodhead Quarry, Denholme Gate Road, Hipperholme.

Their decision will determine whether or not the Environment Agency grants Bradford company Yorkshire Stone Quarries a waste management licence for permission to tip.

The Council has already decided planning approval for tipping given in 1968 remains valid but is uncertain if this approval also covers the proposed entrance, site offices and parking on land next to the quarry.

This piece of land runs past the home of housewife Sally Pegg, of Denholme Gate Road, who is appalled at the prospect of 20 lorries a day driving past her garden to dump rubble.

She is secretary of the village's Woodhead Action Group, which is fighting to stop the tipping.

Local people say it would ruin a beauty spot, destroy a wildlife haven and cause traffic mayhem. They have sought legal advice from solicitor Peter Atkinson of Leeds firm Pinsent Curtis.

The residents argue that the original planning approval does not include the "permitted development rights'' for the entrance, buildings and car park, and a fresh application would have to be applied for. This is disputed by the company.

Mrs Pegg, 38, said: "Our hands are tied until the legal issue is sorted out but we believe we have a strong case.

"Our solicitor believes the company will have to make a fresh application, which would give us the opportunity to object. We would start a petition to get more support from the community."

Council planning officer Ian Garrett said: "The Environment Agency has agreed not to make a decision about the waste management licence until the legal matter has been resolved.

"In the meantime our solicitors are carrying out a thorough assessment of case law and the planning statute.

"They are examining the meaning and definition of permitted development rights under the Town and Country Planning Act.

" The Council is in a difficult situation because legal arguments have been put forward by both sides.

"Ultimately one party will be aggrieved by whatever decision we make. It will take some time to come to a decision."

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