Scrapyard owner ends legal action over watchdog order closure for noise

A scrapyard in Somerset is to close after its owner ended a judicial review challenge over an Environment Agency order that it shut for extreme noise pollution.

Bidwell Metals Limited ran a long-established scrap metal business near Radstock, Bath.

The Environment Agency said the company’s activities had prompted complaints from nearby residents about excessive noise. The company held an environmental permit, but it was waste activities carried out under a system known as ‘exemptions’ that caused a nuisance.

The watchdog added that most of the noise came from an aluminium shredding machine, but there was also noise from forklift trucks, angle grinders and mechanical grabs.

The problems affected up to 10 local properties were affected - three very seriously, according to the agency.

In February 2016, Bidwell Metals was informed by the watchdog that its waste exemption activities were being de-registered and would therefore have to stop.

The agency’s national noise expert, Jon Tofts, had visited the site and concluded the noise nuisance was the “worst he had ever experienced in his career”.

Bidwell Metals applied for a judicial review. It argued that the Environment Agency had incorrectly applied UK and EU law and that the company had acquired a ‘prescriptive right’ to cause a noise nuisance because of the length of time the business had been in existence.

The company also alleged the agency had failed to consider its property rights under human rights law.

The Environment Agency said it was the first time it had had to take such action against a waste site because of the extreme levels of noise pollution.

A judicial review hearing was set for last month (19 to 20 October 2016), but on the first day of the hearing at Bristol High Court, Bidwell Metals withdrew its claim after the agency agreed to postpone enforcement action in return for the company agreeing to a consent order.

The conditions contained in the consent order were:

• for BML to cease trading under its permit and exemptions at the site by 30 April 2017;
• as far as reasonably practicable, clear the site of all waste and scrap metal and inspect and clear site drainage and interceptors by 30 June 2017 and inspect the condition of the site and make good any polluted areas by 31 October 2017.

Pete Hart of the Environment Agency said: “This is a great outcome for the environment and people and shows the Agency is prepared to take firm action against those whose operations are simply in the wrong place and cause misery to local people.

“We tried to bring about change at this site through advice and guidance and did a great deal of noise assessment to quantify and characterise the extent of nuisance. Eventually, we were left with no choice other than to put a stop to the exempt operations that were causing so much noise pollution.”

If Bidwell Metals fails to comply with the consent order, the Environment Agency can take action against it for contempt of court.