AN enforcement notice issued following complaints over the height of waste at a controversial Darlington skip hire firm has been withdrawn.

Darlington Borough Council retracted the notice served on August 5, which ordered Albert Hill Skip Hire to reduce its stacks of waste to threemetres at its Dodsworth Street site.

The council said that waste stacks were in breach of planning permission granted for the site on September 21, 2007, which restricted their height to three metres.

Last night, company owner Antony Shepherd said: "We have always maintained that we did not implement the planning permission granted for the site in September 2007 so in turn did not follow the conditions of the permission.

"The site has been operating in the same fashion since 1968. When something operates continuously without prosecution for more than ten years it becomes immune from prosecution.

"Our site in Dodsworth Street has not had to follow planning regulations since 1978."

Mr Shepherd also claimed that court action against him for a similar issue had now been dropped by the council - something the council insists is incorrect.

"The council is going to have a big cost bill on its hands, " said Mr Shepherd.

"Our legal costs are in the region of £75,000 for this matter alone and we are entitled to them. The judge said I have until January 9 to submit my application.

"At this time of hardship and cuts, I think it's ridiculous that a local authority would throw money at something that they obviously could not win.

"It has all been very clear from the start. We have told them that the planning permission given on September 2007 was not implemented.We have never operated under those conditions."

A spokeswoman for Darlington Borough Council said: "The Albert Hill Skip Hire site is subject to a series of actions by a number of different agencies including Darlington Borough Council.

"We can confirm the current enforcement notice relating to the site has been withdrawn while we investigate alternative action to ensure the site operates within current planning regulations.

"Court proceedings involving the site are continuing."