Council to increase its legal fund against Walleys Quarry to £1 million

Leaders at Newcastle Borough Council say they want to put an extra £400,000 towards a legal fund against the operator of a foul smelling local landfill.

At the next Full Council, councillors will be asked to approve the extra money to support legal action against the operators of Walleys Quarry landfill site in Silverdale – bringing the current legal budget to £1 million.

The 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.

Simon Tagg, Leader of Newcastle-under-Lyme Borough Council, said: “The council is committed to bringing this legal action against the site operator on behalf of residents and to provide officers with the resources they need.

“Elected Councillors don’t have any power to influence any legal action, which is the responsibility of Council Officers to pursue, but Councillors have backed the action officers have taken so far and will have the opportunity to do so again at the Full Council meeting by approving the extra financial support for the legal action.”

He added: “Given that the Environment Agency is the lead regulator of this site and that we continue to see increased numbers of complaints this year about the terrible gas odours from the landfill, I find it unacceptable that it is the Borough Council that has to use its limited powers to try and resolve this problem while the EA stands by.”

In October the council received 290 odour complaints, more than the corresponding month in 2021, 2022, or 2023.

Complaints to the Borough Council this year have been more than in 2023 every month, apart from April and May.

Simon Tagg added: “The EA says that the work it requires on the site has been done to its satisfaction, yet to the end of October we have received more than 4,300 complaints this year.

“People who suffer this problem daily, those whose health and well-being is affected by this are bewildered and angry at the EA’s apparent reluctance to step in.”

The council was granted permission to proceed with legal action 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.

Recently, a spokesperson for Walleys Quarry said they "recognise the impact that odours can have for local residents, and the team is focused on managing the site to minimise impacts to the community around the site and we will continue to do so."

The operator has also said they're committed to safe, clean and sustainable operations.

The Environment Agency says it continues to robustly regulate Walleys Quarry Ltd and remains committed to long-term improvements in emissions. A spokesperson said: “We have every sympathy with the local community and we continue to carry out announced and unannounced site inspections. If we identify permit non-compliances, we inform Walleys Quarry Ltd and require the company to take remedial action.”

What are the gas odours?

Landfill gases contain hydrogen sulphide. It’s a colourless, flammable gas which has a distinct odour of rotten eggs. It is considered toxic.

Risk to health

The UK Health Security Agency says it’s aware that some people are experiencing short-term health effects associated with emissions from Walleys Quarry and that the risk of long-term health problems is likely to be small but cannot be excluded.

It states that symptoms like headaches, nausea, watery eyes, stuffy nose, coughs, and stress are more likely when the odours exceed the WHO annoyance level.

Additional mental health support has also been made available to help people experiencing emotional distress.

Jennie Collier, Managing Director at the Midlands Partner Foundation NHS Trust said: “People living in the area around Walleys Quarry who contact the Staffordshire & Stoke-on-Trent Wellbeing Service are reporting the odour from the site is having a detrimental impact on their mental health. This has manifested itself as depression, anxiety, stress, sleep disorders and other issues.”

You can access this dedicated mental health support by calling 0300 303 0923 or visiting www.staffsandstokewellbeing.nhs.uk. Alternatively you can text SHOUT to 85258, speak to Samaritans on 116123 or calls North Staffs Mind on 01782 262100.

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