High Court rejects judicial review bid from operator of odorous landfill

A landfill operator who sought a judicial review against the Environment Agency's decision to issue a closure notice for the site has had their application refused by the High Court.

The High Court also refused an application from the operator of Walleys Quarry for interim relief from the closure notice, which would have allowed the operator to continue using the site.

The Staffordshire landfill has previously been threatened with legal action from Newcastle Under Lyme Borough Council, which announced it had put aside £1m in legal funds for a challenge against the site in November 2024.

According to the council, the landfill has been the subject of thousands of complaints from locals about foul odours.

The Environment Agency issued its closure order in November 2024 after "exhausting other enforcement options".

Under the notice, the operator is required to stop accepting new waste, permanently cap the remainder of the site and install further landfill gas management infrastructure.

The notice began the process of permanently closing the site after the company failed to put effective measures in place to manage emissions, the agency added.

In a statement issued this week, the Environment Agency said: "The Planning Court has today (4 February 2025) refused WQL's application for interim relief. WQL must continue to comply with all the steps in the Closure Notice."

It added that the court also refused permission for the operator to proceed with its claim for judicial review.

A separate appeal of the closure notice is still set to be heard by the Planning Inspectorate later this year.

Cllr Simon Tagg, leader of Newcastle-under-Lyme Borough Council, said he is "very relieved" that the application failed, adding: "The Planning Inspectorate is due to hear the operator's appeal against the closure notice later this year and this council is throwing its weight behind the EA's position and has applied to put forward additional evidence gathered by our officers.

"Given that the operator has the right to challenge today's ruling, it is clear now that the closure notice appeal should be heard as quickly as possible.

"Two weeks ago I wrote to the Secretary of State for the Environment, Food and Rural Affairs Steve Reed to call on him to use his legal powers to call this matter in and reach a decision urgently, so that residents have clarity."

A spokesperson for Walleys Quarry said: “We are disappointed with the Court’s decision and remain clear that keeping the site open delivers greatest benefit and sustainability for the site.

“We have made extensive factual and legal submissions to the Environment Agency, which in our view they have not substantively engaged with.”

The firm added: “As a business we completely reject the accusations made by the Environment Agency relating to poor management of the landfill site and will review our future options.”

Adam Carey