Resolving the odour issues at Walleys Quarry

The abatement notice and appeal

As a result of our investigations, the council concluded that the odours associated with the landfill did amount to a statutory nuisance. As a result, the council served an Abatement Notice on Walleys Quarry Ltd (WQL) on 13 August 2021. The notice required WQL to “abate” the nuisance within 5 months of the date of the notice and to prevent reoccurrence. WQL lodged an appeal against the notice on 2 September 2021. The appeal triggered two things.

  • It “stopped the clock” on the 5 month timeframe for abatement; and,
  • It started a legal process leading to a trial in the Magistrates Court to decide whether or not the Abatement Notice was valid.

After hearing an appeal against an Abatement Notice the Court has three options. It can:

  • allow the appeal, finding that there is no statutory nuisance and “striking down” the abatement notice,
  • dismiss the appeal, finding that there is a statutory nuisance, upholding the abatement notice in its original form,
  • dismiss the appeal, finding that there is a statutory nuisance and upholding the abatement notice, but varying the terms of the abatement notice in some way, for example affording more time to comply.