Agreement reached over Walleys Quarry odour nuisance notice
The operator has withdrawn its appeal to the council abatement notice
Last updated 6th Oct 2022
The operator of a Newcastle landfill at the centre of tens of thousands of complaints of noxious odours has withdrawn its appeal against an abatement notice served over odour nuisance in the town.
An out of court agreement has been issued between Newcastle Borough Council and Walleys Quarry Ltd at North Staffordshire Magistrates Court. The notice will remain in place following a mediation process between the two parties.
Former Supreme Court Justice, the Right Honourable Lord Carnwath of Notting Hill, led a mediation process which has resulted in Walleys Quarry Limited withdrawing their appeal against a statutory nuisance abatement notice served by the Council for foul odours from the site.
Reaction from the former Supreme Court judge
Lord Carnwath said: "Walleys Quarry Limited acknowledge that the site has been the source of community complaint, and the Council acknowledge that Walleys Quarry Limited have improved their operational practices such that odour emissions have recently reduced significantly and best practicable means are currently in place.
Reaction from Newcastle Borough Council
Martin Hamilton, Chief Executive of Newcastle-under-Lyme Borough Council, said: “This settlement is hugely significant for the community and it was achieved by both Walleys Quarry Limited and the Council working constructively with Lord Carnwath to get it over the line.
The abatement notice, first served by the Council in August last year, is now in place and it legally requires Walleys Quarry Limited to stop landfill gas odours from causing significant problems for residents. Through mediation we have been able to agree with Walleys Quarry Limited a range of measures, such as improved access to information about activities on the site, which should be of real benefit to residents.”
Reaction from the local MP
Welcoming the move, Newcastle-under-Lyme MP Aaron Bell said: “The Council should not have had to go through this process. Better regulation from the Environment Agency should have prevented this blight from ever occurring.
The EA now need to urgently step up as the only body with the powers to make sure the problem is dealt with properly and the operator are properly punished for the repeated breaches of their permit. We need to see the two EA investigations – regulatory and criminal – given the utmost priority and brought to conclusions as soon as possible.
By withdrawing their appeal, the operator have finally conceded that their site has been responsible for unacceptable odour, a fact that they have repeatedly denied in the past.
This is a win not only for the Council but for the whole of the community affected by the odour from Walley's Quarry."
Reaction from Walleys Quarry Ltd
Walley's Quarry have acknowledged that the site has been the source of community complaint and that they'll use use the best practical means to stop the cause.
Nigel Bowen CEO of Walleys Quarry LTD said “Walleys Quarry Ltd is pleased to have reached a level of mutual understanding and agreement through a mediation process with Newcastle-under-Lyme Borough Council. As a direct result of this, we have now withdrawn our appeal against the abatement notice issued to us in August last year.
This development comes as a result of constructive and fact-based discussions between the parties. We welcomed the approach of the Council and their commitment to seeing a positive outcome to this process. This outcome delivers the best possible result for the community in establishing committed co-operation between Walleys Quarry Limited and Newcastle under Lyme Borough Council allowing us to move forward together in the best interests of those residents living and working around the quarry.
We look forward to a more collaborative future with a greater level of understanding on both sides and an arrangement through which we are able to demonstrate our actions and commitment to measures which maintain existing controls and further reduce emissions at the site.”
The authority will also work with the operator on a range of measures over access to information about activities on site to benefit residents.