Walleys Quarry legal action progresses
A Council’s legal proceedings against the operators of Walleys Quarry are moving forward, amid anger from the community over Environment Agency inaction, as complaints about noxious odours rise.
Newcastle-under-Lyme Borough Council is proceeding with legal action against Walleys Quarry Ltd for alleged breaches of an Abatement Notice, which obliges the operator to not create or allow statutory odour nuisance.
Gordon Mole, Chief Executive of Newcastle-under-Lyme Borough Council, said:
The process is underway now that we have appointed Jeremy Phillips KC and Horatio Waller, both of FTB Chambers, which has a strong reputation in this field.
There is a complex, detailed process to be followed and whilst understandably we cannot provide a running commentary on progress we would hope to share the latest position with the public in the next few weeks.”
The move comes after the council was granted permission to proceed by Steve Reed OBE, Secretary of State for the Department of Environment, Food and Rural Affairs (DEFRA).
The Council needed Government permission as DEFRA oversees the Environment Agency (EA), which is responsible for regulating the landfill site in Silverdale.
Simon Tagg, Leader of Newcastle-under-Lyme Borough Council, said:
A few days ago the council alone had received 270 complaints in October from residents about the foul gas odour – that’s more than in October 2021, ’22, or ’23.
In fact, there has been only two months this year when complaints have not been higher than in 2023.
The EA 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.”
Simon Tagg added:
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.”
Note to Editors
In October 2021 odour complaints to the Borough Council totalled 190; 206 in 2022; and 87 in 2023.
Complaints to the Borough Council in 2024 have been more than in 2023 every month with the exception of April and May.