Residents threaten legal challenge over waste in wood

The woodland was cleared in preparation for the waste to be dumped

Campaigners fighting for the clean-up of thousands of tonnes of illegally-dumped waste in a Kent woodland are threatening legal action against the Environment Agency (EA).

Solicitors Leigh Day have sent a letter to the agency saying it urgently needs to instruct a contractor to carry out the clearance of Hoad’s Wood, near Ashford.

Local residents said they wanted work to begin last month after the former Environment Secretary issued a formal ministerial direction to the EA in May to fund and carry out the clean-up, but there is still no date of when work will begin.

The EA said it was working with the Department for Environment, Food and Rural Affairs (Defra) to appoint a contractor for clearance to take place as soon as possible, adding: "In the interim, all environmental monitoring is continuing with no negative effect seen.”

It is estimated there are about 30,000 tonnes of waste to clear from an area that measures around 100m by 60m.

In some areas, the waste is up to 4m deep and has been there so long that weeds are beginning to cover it.

Waste can be seen piled up either side of the entrance track

A resident who wished to remain anonymous for fear of reprisals said: “We felt compelled to pursue legal action because of the EA's delays and lack of a concrete timeline for clearing the illegal waste.

“The inaction led to 30,000 tonnes of waste being illegally dumped despite proactive community reporting.”

They added: “Following the ministerial directive, the EA initially aimed to use a framework contractor, which we believed was the quickest solution.

"However, the EA has now opted for an open tender, with an anticipated contract award around 23 September, four months after the directive.

"None of the dates are concrete, and without demonstrating our seriousness, we fear the EA will continue to delay the clean-up.”

A residents' campaign group - Rescue Hoads Wood - raised £1,800 in 72 hours in crowdfunding to cover the costs of the letter.

'Trees are dying'

The agency said a "restriction order was extended for another six months in June and no further tipping has taken place onsite.

"Our investigations into those responsible for the tipping are continuing. We are confident those responsible will be brought to justice."

It added: "The EA will seek to retrieve the costs of clearing the site from the criminals behind the dumping – maintaining the position that the polluter must pay for environmental damage."

Trees in the vicinity of the waste can be seen dead and dying

Ian Rickards, area manager for Kent Wildlife Trust, said many of the trees in the area of the waste are dying.

He said: “Some of these trees have been buried, encased, in several metres thick of waste, so that’s going to stop the water and nutrients getting down to the root system.

"And goodness knows what’s in that material as well that’s then being eaten up by the trees and absorbed by the trees into the body.”