Walleys Quarry: Agreement reached over landfill nuisance notice

The owner of a landfill site at the centre of complaints over strong odours has dropped an appeal against a council order.

Newcastle-under-Lyme Borough Council served a statutory nuisance abatement notice on Walleys Quarry Limited, based in Silverdale, Staffordshire, in 2021.

The site emitted hydrogen sulphide, a smelly and noxious gas which at times had been found to exceed guidelines.

Both sides say they have reached an out-of-court agreement over the order.

It means the notice remains in place and the firm has agreed to pay £400,000 towards the council's costs and £60,000 towards ongoing monitoring of the site, the local authority says.

Walleys Quarry Limited (WQL) conceded the site led to community complaints but added the council acknowledged improvements to operations had been made.

The firm's work to cut emissions includes capping parts of the site and capturing more of the gases released from waste.

The area has been at the centre of residents' objections over odours for several years, with complaints - in their tens of thousands, and citing issues including breathing difficulties and sleeplessness - spiking from early 2021.

Both sides claimed emissions from the site had "reduced significantly" in recent months.

The Environment Agency said in an update on Thursday the overall trend in hydrogen sulphide measurements in the area continued to reduce.

The council said it would work closely with WQL to make sure all aspects of the agreement were brought in.

Nigel Bowen, chief executive of WQL, said the firm was pleased to have reached a settlement through mediation.

"This outcome delivers the best possible result for the community in establishing committed co-operation between Walleys Quarry Limited and Newcastle-under-Lyme Borough Council," he added.

Councils can serve a statutory nuisance abatement notice when it identifies a "nuisance" as outlined under the Environmental Protection Act 1990.

This includes issues such as noises from a premises or from vehicles, smoke from a premises or smells from industry, trade or business premises.

Once served on the person responsible, if they do not comply, they can be prosecuted and fined a lump sum with further fines for each day they fail to comply.

Those served with an abatement notice can appeal to a magistrates court within 21 days of getting the notice if the legal tests have not been met to show that the issue is a statutory nuisance, the notice was served on the wrong person or the notice is defective.

Source: Department for Environment, Food & Rural Affairs

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