A COUNTY court judge has granted an injunction to Worcestershire County Council banning Wadborough-based Ivory Plant Hire Ltd from tipping unlawful waste - but the firm says it will continue to use the site for building materials.

The company must not only stop tipping operations at Crabbe Yard, Besford, but must also remove the waste by December 20. The county acted following complaints from nearby residents that large volumes of construction wastes were being dumped at the site.

They said regular burning of materials was also taking place at and the approach roads were considered to be unsuitable for extensive use by heavy goods vehicles.

The injunction was granted by the Hon Judge Matthews against John Bruce, company secretary and contracts manager of Ivory Plant Hire, Ann Gartlan, sole director of Ivory Plant Hire Ltd and company secretary of Covic Construction Limited and Richard Willmott, sole director of Covic Construction Limited.

After the ruling county councillor Adrian Hardman said: "I am delighted with this firm legal action by the county council which will result in the clear up of the site. I would like to congratulate environmental and legal services staff for their efforts in securing this positive outcome. I am sure residents will also be pleased and relieved to know that this matter is now near to an end."

At Worcester County Court last Thursday, all the defendants gave formal legal undertakings, in the form of a Consent Order, not to tip any waste on the site and also to remove all waste by 6pm on December 20. The order also imposes restrictions on how the waste will be removed including no Saturday afternoon and Sunday working. The Judge, who ordered them to pay the council's costs, warned them of the "dire consequences" that might follow if the undertakings were broken.

A statement from John Bruce said: "The material has been sold for use in the construction industry." Concerning the future use, he said: "The yard has lawful use as a builder's yard, with no restrictions on height or quantity for building materials, or working hours and access/egress." He added: "It would not be right for people to think we would not be using the yard."