BRADFORD Council has been forced to formally withdraw a nuisance abatement order served on a pensioner because of an administration error.

However, it does intend to re-issue an amended order warning 89-year-old Philip Kempley, of Bridge Lane in Ilkley, to keep his geese quiet, following a complaint about the noise they make.

Following the intervention of Councillor Anne Hawkesworth (Ind, Ilkley) and Mr Kempley's niece, Liz Tennant, it emerged the order was signed by the wrong person. It was signed by Steve Hartley, strategic director, environment and sport, but should have contained the signature of Dr Anita Parkin, director of public health.

In an e-mail to Cllr Hawkesworth, environmental health manager, Andrew Lodge, said: "In the circumstances, we intend to formally withdraw the abatement notice served on Mr Kempley dated June 7 2016.

"However, as the duty to serve an abatement notice where it is satisfied of the existence and/or likely recurrence of a statutory nuisance remains with the council, we are statutorily required to serve an amended abatement notice on Mr Kempley.

"Should Mr Kempley or Ms Tennant wish to enter into a dialogue with the investigating officer in order to discuss practical measures that will abate the statutory nuisance and comply with the notice, we would be delighted assist but we are not able to negotiate on the matter of service of an abatement notice.

"Whilst the abatement notice may be appealed to the magistrates’ court within 21 days from the date of service of the notice, ultimately, failure to comply with its requirements without reasonable excuse is an offence which, on summary conviction, may result in a fine of up to £5,000. However, prosecution for an offence is a discretionary power, not a duty, which would be exercised in line with Environmental Health’s Enforcement Policy. A case for prosecution for contravention of an abatement notice will not be recommended unless there is sufficient evidence to provide a realistic prospect of conviction and the prosecution is in the public interest."

Mr Lodge said he intended to write to Mr Kempley advising him of the action.

Cllr Hawkesworth said: "Clearly, the notice has not been properly served.

"It should be stopped then dealt with by negotiation and consultation. I have signatures from all the surrounding neighbours supporting the geese. The geese are part of the community in that area and have been for the past 70 years."

She added: "The gentleman in question also has a serious heart problem."