Government gives green light for council to pursue legal action in “rare” case against landfill

Newcastle-under-Lyme Borough Council has been granted permission by the Secretary of State for the Department of Environment, Food and Rural Affairs (DEFRA) to take legal action against a landfill operator over odours emanating from the site.

The council said it had to make the "rare" move of asking for DEFRA's approval because the department oversees the Environment Agency, which is responsible for regulating the landfill site.

The landfill operators, Walleys Quarry Limited, were first served with an abatement notice in August 2021, which required the firm to control the odour nuisance caused by the landfill.

The operators contested the action, but dropped the appeal following mediation and the abatement notice became enforceable in March 2023.

Accepting that the landfill had been a source of 'community complaint', the company agreed it must control odour problems by 'the best practicable means' and to publicise information about what was happening there.

However, in April 2024, the council notified Walleys Quarry that it had failed to properly control emissions from the landfill and was considered in breach of the abatement notice.
In his letter to the council, Secretary of State Steve Reed OBE said: "I would like to take this opportunity to commend you and the council for your tireless work on behalf of local residents to seek the action and answers they need and deserve."

He added: "Having considered the facts of the case… I am happy to grant consent for your prosecution to proceed."

Simon Tagg, Leader of the council, welcomed the decision, but voiced frustration that the council has to use its own resources to pursue action rather than rely on the Environment Agency to take action itself.

Commenting on Defra's decision, Simon Tagg said: "Bringing legal action against an operator regulated by an arm's-length Government agency is rare, but it's something we feel have to do on behalf of our residents blighted by this long-running issue of gas odours from Walleys Quarry."

He added: "However, I'm also disappointed that the council has to use the limited powers at its disposal to help the people of Newcastle rather than being able to rely on the Environment Agency to act on our behalf in its role as the site's main regulator."

The news also comes as a ‘special scrutiny committee’ at Newcastle-Under-Lyme Borough Council launched an inquiry into the dispute, which is aimed at considering the impact of the issue, options for resolution, and whether there have been missed opportunities for resolution.

Walleys Quarry Ltd has been approached for comment.

Adam Carey