Silverdale stink: Landfill served with nuisance notice

Walleys Quarry has five months to comply or 21 days to appeal the notice, Newcastle-under-Lyme Borough Council said

A landfill which has received thousands of complaints over a noxious smell has been served with a notice by the local authority.

Newcastle-under-Lyme Borough Council has served a statutory nuisance abatement notice to Walley's Quarry in Silverdale, Staffordshire.

Some residents and medics said the odour, dubbed the Silverdale stink, has worsened people's illnesses.

Walleys Quarry LTD, which runs the site, has been contacted for comment.

The council said it does not have any powers to suspend, restrict or close operations at the landfill but, in taking this action, requires the abatement of the nuisance and the "prohibition of any recurrence".

The company has five months to comply or 21 days to appeal the notice, the local authority said.

Earlier this year, the council announced £1m would be set aside to tackle problems at the quarry.

The leader of the council, Simon Tagg, said: "This triggers the only action the local authority can take to try and stop this terrible blight on our residents' lives.

"We have to set aside council tax payers money to do this, but local people have suffered too much, for too long, and we can't stand by and let it go on without challenge."

What is a Statutory Nuisance Abatement Notice?

Councils can serve a statutory nuisance abatement notice when it identifies a "nuisance" as outlined under the Environmental Protection Act 1990.

This can include things like noises from a premises or from vehicles, smoke from a premises or smells from industry, trade or business premises.

Once served on the person responsible, if they do not comply, they can be prosecuted and fined a lump sum with further fines for each day they fail to comply.

Those served with an abatement notice can appeal to a magistrates court within 21 days of getting the notice if the legal tests have not been met to show that the issue is a statutory nuisance, the notice was served on the wrong person or the notice is defective.

Source: Department for Environment, Food & Rural Affairs

Annie Miles, who lives just a few hundred metres from the quarry and has long campaigned for action, said: "It is a clear demonstration to the community that the council is supporting us and they aren't willing to tolerate it just like us.

"And they are, in fact, residents like us.

"It is a good step in the right direction."

Annie Miles said the notice is a "step in the right direction"

Newcastle-under-Lyme MP, Aaron Bell, added: "I know there was a lot of work put in behind the scenes and I am very pleased and grateful that the council are now able to serve this notice.

"Residents have been put through too much for this not to happen."

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The Environment Agency has been monitoring the site and in its latest update said it received 1,115 complaints between 2 and 8 August about odour from the landfill.