The company behind controversial plans to partially fill in a moorland beauty spot for a fishing lake has been fined for endangering nearby residents.
The Environment Agency told a court Blue Lagoon Heritage Ltd's failure to complete safety works had put residents of the nearby village at risk.
Blue Lagoon Heritage Ltd wants to create the new development at Ward’s Reservoir near Belmont.
Last month it started the process of submitting a new planning application for the scheme, put on hold in October 2023, to Blackburn with Darwen Council, alarming local West Pennine ward Conservative Cllr Neil Slater.
Now the Environment Agency has revealed it successfully prosecuted the company of Old Marlbrook Quarry, Bromsgrove, for failing to complete safety works on the reservoir.
At Kidderminster Magistrates’ Court on October 8, Blue Lagoon Heritage Ltd pleaded guilty to failing to comply with an enforcement notice issued under the Reservoirs Act 1975.
Spokesperson for the company Eddy McIntosh said the case was 'a technicality' and that two other charges had to be dropped as they related to the previous owners of the 'Blue Lagoon'.
The court heard a notice was served on the company by the Environment Agency in May 2021 to carry out safety measures under the supervision of a qualified civil engineer.
By October 2021 the company had failed to carry out the work and weekly safety checks by agency officers were started.
This allowed levels in the reservoir to be maintained at 5.25 metres below the maximum water level, significantly reducing its risk of failure.
In the continued absence of adequate management by the company, the Environment Agency has conducted regular site visits.
Karl Hunter, enforcement advisor for the Environment Agency's National Reservoir Safety Team, said: “The director and owners of Blue Lagoon Heritage Limited failed to respond to advice and enforcement notices to improve the unacceptable and unsafe condition of the reservoir.
“This failure to comply came despite repeated site inspections and warnings from EA officers and independent expert engineers.
“This caused unacceptable risks to local residents and businesses in the village of Belmont and surrounding areas downstream of the reservoir.
“Blue Lagoon Heritage Limited took ownership of Ward’s Reservoir in 2019 and has consistently failed in its legal duty to adequately protect the safety of the local community.
“We will continue to work to tackle inadequate maintenance of reservoirs which puts lives at risk."
Mr McIntosh: "The Environment Agency took us to court [and] wasted £78,000 for us to receive a £400 fine on a technical error, which we received by not appealing the notice, although we were in constant contact with the Environment Agency telling them that what they wanted us to do we could not.
"We originally faced three charges of which two were dropped as they related to the previous owner of the reservoir.
"We as a company are trying to do our best and the people who are supposed to be guiding and helping us are standing in our way and putting all kinds of obstructions there for what reasons we do not know.
"At the moment we are able to keep the water below three metres but this is dependable on the weather."
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