Environment Agency action against waste dump rejected by High Court

A judge has rejected legal action by the Environment Agency against a waste firm whose site has persistently caught fire.

The agency had taken action against Sidcup firm Waste4Fuel after an earlier court order required it to remove combustible waste from the site following 12 fires within a year.

But the High Court declined to grant the order, with the judge saying he would state his reasons at a later date.

An Environment Agency spokesman said: “We will consider the judge’s ruling when he provides detail for his decision today. Until we receive it, it would be inappropriate for us to comment on the ruling.

“In the meantime, we are assessing our options with regards to the terms of the final order to see whether further proceedings should be brought for a breach of its terms. We will continue to do everything within our power to bring the site back into compliance.”

In a statement to a local newspaper, Waste4Fuel director Shelley Hurst said: “I fully understand and appreciate the concerns of the local residents.  “Since taking control of the business on the May 9 2014, I have done my utmost to ensure that the company can continue to operate and begin to make disposals from the site.

“Following a number of machinery issues and a fire, we had finally got to a stage were we were able to begin making disposals but without a cash injection, or agreement from the Environment Agency to allow the company to generate further income, we simply cannot afford to make substantial disposals.

“The company is in a very fragile position financially, and the legal fees incurred by the company as a result of the court proceedings have drained the company resources. This money could have been put to better use by making disposals from the site.

“Two separate offers to clear the site were put forward to the Environment Agency during the course of the court proceedings, and both were rejected.

“With the restrictions in place as a result of the Final Order, it is unclear at present how long the company can continue to operate.

“I had hoped that the Environment Agency would assist the company with its plans to clear the site, but this has not been possible."

Mark Smuilan