Walleys Quarry mediation frequently asked questions
What future enforcement action can the council take?
Our officers, including the Chief Executive, will be working closely with Walleys Quarry Limited to ensure that all aspects of the agreement are implemented.
We will continue to assess the prevalence of odours off site. In the event that there are further instances of statutory nuisance identified by us, Our enforcement policy will guide the process to be followed which could, ultimately, result in us seeking permission from the Secretary of State for the Environment to prosecute. Such permission is required as the Environment Agency is primarily responsible for regulating this site.
The enforcement policy details:
In assessing what enforcement action is necessary and proportionate, consideration will be given to:
- the seriousness of compliance failure
- the business's or individual's past performance and its current practice
- the risks being controlled
- legal, official or professional guidance
- our the local priorities
Where the law has been contravened, there are a range of enforcement options available to seek compliance with the law. Under normal circumstances, a process of escalation will be used, where appropriate, starting with advice and guidance, until compliance is reached. Exceptions to this process of escalation would include:
- public health
- community safety
- the environment (such as fly tipping or air pollution)
- risk to animal health or welfare, and
- where the offences have been committed deliberately or negligently, or
- involve deception or where there is significant economic detriment, or
- continued non-compliance
- irreversibility (such as knocking down a building)
The sanctions or penalties that are used will:
- aim to change the behaviour of the offender
- aim to eliminate any financial gain or benefit from non-compliance
- be responsive and consider what is appropriate for the particular offender and the particular regulatory issue (this can include punishment and the public stigma that should be associated with a criminal conviction)
- be proportionate to the nature of the offence and the harm caused
- aim to restore the harm caused by regulatory non-compliance, where appropriate
- aim to improve non-compliance and deter future non-compliance
There are a large number of potential enforcement options. The level of the action taken varies from no action through to proceedings in court.