A Birkenhead firm which neighbours claimed made so much noise it kept them up at night, has been fined after breaking planning rules.
PD Foods was fined £7,890 after pleading guilty to failing to demolish an unauthorised extension and failing to remove an unauthorised air conditioning unit installed on its roof.
In May 2020, the ECHO spoke to residents on Birkenhead's Castle Street who described the impact PD Foods had on their lives.
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The residents wanted to remain anonymous, but one mother said an industrial fan operated by by the company consistently woke her and her son up during the night.
She said: “We are no longer able to open a window during the night at all due to the noise. I have not slept for a full night for the last year or more.”
Another person said: “They make a phenomenal racket from early morning to evening time and neighbours have to endure the constant noise of refrigeration fans that operate 24 hours a day.”
Another resident agreed the noise was “a nightmare” and said PD Foods’ unloading practices did sometimes block up the road.
Photy Demetrios, director of PD Foods (Wholesale) Ltd, was fined £2,500, made to pay Wirral Council’s costs of £5,200 and told to pay a victim surcharge of £190 after a trial at Wirral Magistrates Court on February 24.
Mr Demetrios was told to pay the sum, which totalled £7,890, after pleading guilty to failing to comply with an enforcement notice given on April 27, 2020, requiring him to demolish an unauthorised extension to the rear of 77 Chester Street and failing to remove an unauthorised air conditioning unit installed on the extension’s roof.
This failure is an offence under section 179 of the Town and Country Planning Act 1990.
Mr Demetrios also signed an undertaking to ensure the requirements of the enforcement notice are carried out by April 24.
Speaking to the ECHO, Mr Demetrios said: “I’m very satisfied with the outcome. We have a base that we need to move [away from]. We’ve already set up a building to move into.”
He admitted wrongdoing, but said he had made an effort to move his business.
Mr Demetrios added: “There was some delay because we have already purchased the property, it was just a matter of time before we made that move anyway.
“Unfortunately the council acted before we could actually leave.
“We made an offer on the building back in March 2021, but there was quite a long delay in getting that transferred to the company.
“Hopefully we’ll be moved out by April 24, that’s when we’re looking to move into our new premises.”
Until PD Foods can move into its new premises in Bromborough, it will continue to operate from its current Birkenhead site.
Mr Demetrios added: “I want to thank the magistrates for their leniency and for being understanding in the case.”
But the director of PD Foods disputed some of the claims as to how much noise the business was causing and said they were “exaggerated”.
He said: “We did do everything we possibly could and we did actually satisfy the council with regards to the noise situation so there’s no real noise issue whatsoever.
“I think a lot of the residents were exaggerating on how long we were there. We’re finished at 1pm in the afternoon, generally speaking.
“This ongoing work which was [apparently] being carried out after 5pm and into the night is just a complete nonsense.”
Mr Demetrios clarified that his business operates in the area between 7.30am or 8am in the morning until no later than 2pm in the afternoon.
He added: “There’s activity of loading vans and unloading vans which is quite normal for a business, we have been there for 38 years.
“We understand that we were ready to move out anyway, we have actually outgrown the building and it was necessary to make that move which we are doing.”
Cllr Stuart Kelly, who chairs Wirral Council’s Planning Committee, said: “Planning laws are there to protect the interests of those residents who could be adversely affected by any proposed development.
“In this case, the defendant acted in a way that ignored the planning process altogether to begin with and then even after he was told to address both incidents of unauthorised development, he continued to ignore the requirements of a legal notice of enforcement."
The Liberal Democrat councillor added: “The council’s enforcement team had no option but to bring a prosecution in this case.
“It shows that no-one can consider themselves above the law when it comes to the planning process and I congratulate the officers who secured this successful result."
Cllr Pat Cleary, who represents Birkenhead and Tranmere, said: "This is great news for local residents who have suffered for years having to live beside a business operating at a scale totally out of keeping with its location.
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"It's a shame the owner had to be dragged to court in order to finally admit a breach of the law."
The Green Party group leader added: "I will continue to monitor events to ensure the signed undertaking is carried out and, if not, that the council continues to use all legal means at its disposal to secure the agreed outcome.
"I can only hope that PD Foods will now finally secure premises appropriate to the scale of its operations.
"I'd like to thank residents for their patience and dignity over a protracted period and the team at Wirral Council who have meticulously taken this case to court and secured a positive outcome."
