A chicken factory in Deepdale which has been breaking operating rules for more than a decade has applied for delivery timing restrictions removed.
The Gafoor Pure Halal factory in Fletcher Road, in the Deepdale and St Matthews area of the city, has planning conditions dating back to the early 2000s when it was built meaning it cannot operate before 7am or after 9pm on Mondays to Saturdays or on Sundays and public holidays.
As Blog Preston revealed last year the factory has been consistently breaching the delivery rules – causing upset to those living nearby with early-morning, late night and weekend deliveries.
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Gafoor has admitted it has been breaching the conditions and has now, after being recommended to by planning officers, applied for a lawful development certificate wanting to use the site outside of its current operating hours.
PWA Planning, acting on behalf of Gafoor, said in documents submitted: “It is our position that, given the condition was not complied with and the breach has been continuous and open, the extended hours of operation have become lawful through the passage of time, negating the need for formal planning permission to regularise the use.”
They say the unit’s activities have been “carried out without concealment and the Local Planning Authority has had ample opportunity to take enforcement action but has not done so.”
Gafoor previously applied to vary the delivery hours at its Fletcher Road site – in October 2021 – but withdrew the application.
Preston City Council’s planning department has been consistently urged to take enforcement action by local councillors and nearby residents.
But no action has been taken by Town Hall chiefs and instead they have urged Gafoor to apply to have the two-decade old planning condition removed.
A spokesperson for the city council said: “The City Council has undertaken a planning enforcement investigation following complaints received that the premises has been operating in breach of condition no.3 attached to planning permission 06/2000/0361, which restricts the operating hours.
“The investigation established that the premises is operating outside of the permitted hours and therefore in breach of the condition.
“Following contact by officers, the owners have submitted application 06/2024/1306 which seeks to attempt to regularise the breach of planning control. The application is currently being assessed by the Planning Department and should anyone wish to view the application, details are available on the City Council’s website.”
Gafoor is currently facing legal action from seventy-three residents over odour complaints. A pre-trial hearing in the civil case is due to take place in Manchester this week.
Kimblerley Sutton, solicitor at Hugh James, who is representing the collective claim by the residents, said: “We are aware that Gafoor has applied for a certificate of lawfulness regarding its continued breach of its operational hours as set out in the planning conditions regulated by Preston City Council.
“The level of odours residents have had to endure is unacceptable. Many residents have reported such issues to the council, unfortunately to no avail.
“If granted, the residents are concerned that this will amount to a licence to pollute. We are committed to representing the residents’ concerns, to ensure that the site is operated in accordance with its environmental permit and to bring to an end the unacceptable odours which the residents suffer.”
Robin Maudsley, Chair for St Matthews ward PACT group, said: “People are having to shut doors and windows because of the smell, it’s disgusting, it takes your breath away.”
Robin has lived in the area for 51 years and said the factory “shouldn’t have been allowed planning in the first place.”
Another nearby resident, who asked not to be named, said: “It absolutely stinks, I’ve never smelt anything like it.
“You can’t sit in the garden in summer, you can’t put my washing out and it’s embarrassing having visitors round because of the smell.”
Blog Preston approached St Matthews ward councillor Suleman Sarwar – who had been vocal about calling for enforcement action – for comment but received no response by the time of publication.
Blog Preston also approached Gafoor Pure Halal Ltd for comment by received no response by the time of publication.
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