Council readies itself for legal action over long-running quarry odour dispute
Newcastle-under-Lyme Borough Council is preparing legal action against the operators of a quarry site for alleged breaches of an abatement notice, which was aimed at reducing gasses emanating from the site.
The council said it had notified Walleys Quarry Ltd, a subsidiary of Red Industries Ltd, on Monday (8 April) that the site operator has failed to properly control emissions from the landfill.
The odours, caused by hydrogen sulphide emissions, have previously been described by the council as a "significant public health emergency”.
Chronic exposure to the gas is thought to have respiratory, neurological and ocular effects at high concentrations, according to Public Health England.
The abatement notice, which became enforceable in March 2023 following a successful legal action brought by the borough council, obliges the operator to not create or allow statutory odour nuisance.
However, Simon McEneny, Interim Chief Executive of Newcastle-under-Lyme Borough Council, said monitoring of the odour revealed the operator had failed to comply with the notice's terms.
He said: "Since the abatement notice came into effect we have been monitoring the odour in the communities near Walleys Quarry, with officers visiting people’s homes to take readings when necessary day or night.
"There is a formal process of evidence gathering for our officers to follow and that has taken time, however we now believe that the operator has failed to properly control emissions and as a consequence we are preparing to take legal action.”
The news comes a month on from a council meeting that saw Newcastle-Under-Lyme councillors vote to urge the Environment Agency to close the Walleys Quarry landfill site over the odour.
At the time, the local authority reported that it had received 500 complaints in February.
A spokesperson for Walleys Quarry said the firm urges Newcastle-under-Lyme Borough Council to reconsider any proposed legal action.
“We instead ask them to discuss their concerns with us as part of our ongoing collaborative efforts to see the best outcomes for the community,” the spokesperson said.
It continued: “We refute these allegations and should the council proceed, we will of course consider our response under the advice of our legal team.
“WQL has made demonstrable, substantial and sustained progress in our capping programme as well as with efforts to minimise emissions from the site as we continue to use Best Practicable Means with the eventual objective of ceasing landfill operations and completing restoration onsite.”
Adam Carey