Mediation sees landfill operator withdraw appeal against statutory nuisance abatement notice
A landfill site operator has withdrawn its appeal against a statutory nuisance abatement notice served by Newcastle-under-Lyme Borough Council, following a mediation process led by former Supreme Court Justice Lord Carnwath.
A court order ratifying an out of court agreement between Walleys Quarry Limited and the local authority was issued earlier this month by District Judge Grego sitting at North Staffordshire Magistrates’ Court.
Lord Carnwath said: “I am pleased to confirm that Walleys Quarry Limited and Newcastle-under-Lyme Borough Council have agreed to settle upon terms to enable the company to withdraw its appeal against an abatement notice issued by the Council on 13 August 2021.
“Walleys Quarry Limited acknowledge that the site has been the source of community complaint, and the council acknowledge that Walleys Quarry Limited have improved their operational practices such that odour emissions have recently reduced significantly and best practicable means are currently in place.
“The terms of the agreement reached by the parties ensure that an abatement notice will remain in place and require best practical means to prevent any repetition so far as is reasonably possible of any statutory nuisance and provide for ongoing reporting to give continuing assurance to the community.”
Martin Hamilton, Chief Executive of Newcastle-under-Lyme Borough Council, said: “This settlement is hugely significant for the community and it was achieved by both Walleys Quarry Limited and the council working constructively with Lord Carnwath to get it over the line.
“The abatement notice, first served by the council in August last year, is now in place and it legally requires Walleys Quarry Limited to stop landfill gas odours from causing significant problems for residents. Through mediation we have been able to agree with Walleys Quarry Limited a range of measures, such as improved access to information about activities on the site, which should be of real benefit to residents.”
Francis Taylor Building reports that the agreement provides for payment of £400,000 towards the council’s costs in defending the appeal and £60,000 towards its future costs of continuing to monitor the site.
Jeremy Phillips KC and Horatio Waller from FTB represented the council.
In February this year the Supreme Court refused the family of a five-year-old boy permission to appeal in a dispute over the Environment Agency’s regulation of the landfill site, which is near his home, saying that the application did not raise “an arguable point of law in the context of this case”.
However, the claimants said they would urgently seek to take the case to the European Court of Human Rights.
In January the Court of Appeal ruled that a declaration by Mr Justice Fordham, which required the Environment Agency to achieve prescribed outcomes within a prescribed timetable in relation to the landfill site, went beyond the scope of the court's functions.
The family of Matthew Richards had argued that the regulator was acting incompatibly with his Convention rights.
