Newcastle-under-Lymme Borough Council has announced it is proceeding with legal action against Walleys Quarry landfill over odour complaints.
The Environment Secretary Steve Reed granted permission for Newcastle-under-Lymme Borough Council to pursue legal action against Walleys Quarry Ltd earlier this year.
Newcastle-under-Lyme Borough Council is taking legal action against Walleys Quarry for alleged breaches of an Abatement Notice, which obliges the operator not to create or allow statutory odour nuisance.
The Council needed permission from the UK Government as the Department for Environment, Food and Rural Affairs (Defra) oversees the Environment Agency, which is responsible for regulating the landfill site in Silverdale.
Reed previously criticised the Environment Agency and the then Conservative Government for a “lack of action” over Walleys Quarry.
Simon Tagg, Leader of Newcastle-under-Lyme Borough Council, said the council received 270 odour complaints in October, which is more than in October 2021, 2022, and 2023.
In October 2021, the Borough Council received 190 odour complaints, 206 in 2022, and 87 in 2023.
Tagg said there have been only two months this year when complaints have not been higher than in 2023.
Tagg commented: “The Environment Agency is the principal regulator for this site and we have asked it repeatedly to take effective action to end the problem: I am bewildered how it can think that this is an acceptable situation after years of residents’ suffering.”
“We have asked the government to take action to help our community, but we’re told that ministers have full confidence in the Environment Agency.
“Unfortunately, I do not share that confidence which is why Newcastle Borough Council is doing all it can, with its limited powers and resources, on behalf of residents to resolve this problem by bringing this complex legal action.”
Between 21 and 27 October, the monitoring facilities around the landfill recorded hydrogen sulphide concentrations above the World Health Organisation odour annoyance guideline level between 12-14% of the time.
Gordon Mole, Chief Executive of the Borough Council, said they have appointed Jeremy Phillips KC and Horatio Waller, both of FTB Chambers, to proceed with the action.
Earlier this year, Simon Tagg criticised the Environment Agency after Walleys Quarry reopened three days after a fire at the landfill site.
At the height of the fire, Staffordshire Fire and Rescue Service (SFRS) said there were six fire engines, a water carrier, and a high-volume pump being used at Walleys Quarry.
