Mullaghglass: Landfill smell case to be heard by Supreme Court

The site was closed in Spring 2023

The Supreme Court is to hear an appeal from a resident living near a now-decommissioned landfill site in County Antrim.

It follows an appeal over the rejection of Noelle McAleenon's bid for a judicial review on how smells from the site at Mullaghglass were managed.

The site stopped accepting waste in November 2022 and was closed in Spring 2023.

Local people claimed smells from the site affected their health.

The legal team behind the appeal says it is the first time an environmental case of this kind from Northern Ireland has been brought to the Supreme Court.

'Environmental protection'

Harry Robinson from Phoenix Law said the case went beyond legal technicalities.

"It's about local people affected by pollution who are seeking justice and it raises broader questions about environmental protection, public decision-making, and the rights of individuals impacted by harmful emissions," he said.

Ms McAleenon's application for judicial review was dismissed in 2022 by judges who said it had "no further utility", given the site was to be closed.

She contended that the Court of Appeal misjudged her situation by suggesting alternative remedies were available to address the regulatory oversight of Lisburn and Castlereagh City Council and Northern Ireland Environment Agency (NIEA) in response to pollution.

Instead, she asserts that her human rights require immediate protection from the various public authorities.

The Mullaghglass site was originally a quarry and operated as a landfill site from 2006 to 2023.

The managing company says it has now been capped and is in the process of being restored for wildlife.

While the site is in the Lisburn and Castlereagh council area, residents in Belfast also took legal action against their council.

Lisburn and Castlereagh City Council has said that it does not comment on live legal matters.