Battle over quarry ends in £1m bill for council

Last year Rotherham Council was found guilty at Leeds High Court of breaching a licence granted in 1984 to restore Maltby quarry, using part of it for landfill.

The council immediately launched an appeal but has now confirmed it had withdrawn that appeal and agreed to pay quarry owners Ibstock Brick Ltd 780,608 compensation as well as legal fees, thought to be around 300,000.

It brings to an end a four-year court battle and councillors have attacked the massive payout.

Coun Brian Cutts said: "At a time when the council is having to consider cutting services they have paid out more than 1m of taxpayers' money.

"They could have settled this a long time ago, saving a lot of money, but they refused to accept they were in the wrong and kept on going and going.

"Council tax-payers are going to be pretty upset about this."

The terms of the 21-year licence were that the council could use the quarry providing that, at the end of the agreement, the land was restored for agricultural use.

The court found it was not restored to an acceptable standard.

The terms of the licence allowed the council to part-fill the quarry with controlled waste but in 2004 it was ruled only mineral waste could be used in the last of three sections.

By 2005 the land had not been restored as agreed and the council was taken to court – arguing the goalposts had been moved as the original terms of the licence were changed.

Both Rotherham Council and Ibstock said they did not want to comment yesterday.