Night moves in Potto cost £1,033
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• Despite being given a conditional discharge for two years after admitting two offences of breaching a control of noise order, Richard Preston and Sons, of Potto, North York Johnathon Lawton — extraordinary that council had kept observations for three months before saying anything to the company. shire, has been ordered to pay prosecution costs of £1,033.29 by the Stokesley Magistrates.
Prosecuting for Hambleton District Council, Brian Ayres said the company had accepted an order under the Control of Pollution Act on agreed terms, following complaints from a Mr and Mrs Swales who live next to its premises. The order prohibited the movement and use of vehicles in a particular part of the premises between 23:00 and 06:00 hours.
Following further complaints, however, observations were kept in January, February and March and Mr and Mrs Swales also kept a diary on occasions when the order was breached.
Giving examples of movements as early as 05:15 hours and as late as 00:28 hours, Ayres asked for costs incuding 2920 based on the 102 hours of observations kept by council officials.
Asking the Magistrates to say that a conditional discharge was appropriate, Johnathon Lawton, defending, said the company had operated from the site since 1939.
Instructions had been given to employees but it was difficult in an agricultural community, where people frequently went to work at 05:00 hours, and generally in a society where people went to bed after 23:00 hours, to persuade drivers that minutes were critical.
Lawton considered it extraordinary that the council had kept observations for three months before saying anything to the company. As soon as the breaches of the order were brought to the company's attention, he said, steps were taken to ensure they did not recur. That could have been done if the council had contacted the company at the beginning.