Mullaghglass landfill: Legal action taken against council

Residents say the smell ifrom the landfill s giving them headaches and nausea

Residents living close to a landfill have taken legal action against Belfast City Council for alleged inaction over their human rights.

The case put forward by those living near the Mullaghglass site also claims against the Northern Ireland Environment Agency.

This is the first time legal action has been brought against the city's council over the handling of the smell.

A court date for the case is expected in the autumn.

The landfill operator said it operated to "the highest environmental and industry standards".

Residents say the smell is giving them headaches and nausea, as well as affecting their mental health.

While the landfill is in the Lisburn and Castlereagh City Council area, to the west of Belfast, the residents behind the action smell the odour in the Belfast area.

Legal representation for the residents, Phoenix Law Solicitors, said Belfast City Council should have acted sooner to serve an abatement notice to Alpha Management Resource which runs the landfill.

That notice is currently being appealed.

Residents protested at Stormont about the landfill

Belfast City Council said it has had "extensive involvement in investigating odour emanating from Mullaghglass landfill site for some time and has been working with the Northern Ireland Environment Agency, the licensing authority, to establish the cause".

The council also said following a motion passed in April, legal correspondence was issued from the council to the Northern Ireland Environment Agency "but no formal action has been taken as yet".

'We just want to live normal lives'

James McCarthy lives near the landfill site and said it was "so frustrating" to have to put up with the smell.

"The smell travels down and it does just come down and hit us," he told BBC News NI.

"I have never had any of my complaints fully investigated because no one has ever come to my door and taken a statement… not from any of the agencies at all.

"In the past year alone I would estimate I have put in around about 630 complaints because it's been complaint after complaint.

"Last year I tested positive for Covid and I had to isolate in my room. Part of the government guidelines is to open your windows to get the air circulating.

"I had that right taken away from me. We just want to open our doors and live normal lives, and we're asking the ministers can you please help."

In a statement, the Department of Agriculture, the Environment and Rural Affairs (Daera) said the minister had visited the site to meet with the operator and had met residents to hear their concerns.

The department said the NI Environment Agency was continuing to undertake daily odour surveys in the area and had "engaged a third party to undertake additional gas monitoring in order to more fully understand the extent of the odour levels and related complaints.

"NIEA are also supporting Lisburn and Castlereagh City Council who are carrying out investigations under their statutory powers and continuing to liaise closely with the PHA who following a recent joint site visit did not raise any physical health concerns," a spokesperson said.

Alpha Management Resource, which runs the site, said they "work to the highest environmental and industry standards"

While residents have complained the smell from the landfill is giving them headaches, nausea and nose bleeds, the Public Health Agency said it believed the majority of unpleasant smells experienced in the community "are not harmful to health".

A spokesperson told BBC News NI: "Based on the information provided to the PHA, it does not consider that this odour represents an immediate threat to the physical health of the population.

"The PHA will continue to liaise with the NIEA (Northern Ireland Environment Agency) on this issue."

A statement from Alpha Management Resource, which runs the site, said it "works to the highest environmental and industry standards in operating and managing our site and we comply in full with the industry regulator NIEA, continually reviewing all aspects of its management and regulation with the relevant local councils".

The statement added: "The site complies in full with its odour management plan and continues compliance with our environmental permit.

"This has been confirmed on numerous occasions by NIEA."