'Smelly' Walleys Quarry legal fund will rise to £1m

A council's fighting fund for legal action against the operator of Walleys Quarry is set to rise to £1 million. Newcastle Borough Council has previously set aside £600,000 for taking Walleys Quarry Ltd to court over alleged breaches of an abatement notice.

Now councillors will be asked to approve a further £400,000 allocation to the fund. Council leaders say increasing hydrogen sulphide emissions last winter, linked to the Silverdale landfill site, put the operator in breach of an abatement notice which came into effect last year.

The abatement notice requires Walleys Quarry Ltd to control odour problems by 'the best practicable means' - which the company says it is doing. Last month the council announced that it had appointed Jeremy Phillips KC and Horatio Waller, both of FTB Chambers, for its legal action.

READ MORE: Union leader raises safety fears as fewer firefighters sent to burning building

READ MORE: This 1990s blockbuster packs some 'powerhouse' performances in stage adaptation

The proposal to increase the legal fund comes as the council is facing a £1.4 million funding gap in its budget next year. The extra £400,000 will be taken from the general fund reserve and the budget and borrowing support fund.

Elected members will be asked to approve the extra funding at a full council meeting on Wednesday, November 20.

Council leader Simon Tagg said: "The council is committed to bringing this legal action against the site operator on behalf of residents and to provide officers with the resources they need.

“Elected councillors don’t have any power to influence any legal action, which is the responsibility of council officers to pursue, but councillors have backed the action officers have taken so far and will have the opportunity to do so again at the full council meeting by approving the extra financial support for the legal action."

According to the report to full council, in order to use £250,000 from the general fund reserve for the legal action, finance officers carried out a risk assessment. The report says that risks associated with the impact of Covid and the non-realisation of budget savings have reduced due to the recovery from Covid and previous budget savings being 'consistently achieved'.

The council received 290 complaints about Walleys Quarry in October, which is the highest number recorded for that month over the last four years.

Walleys Quarry Ltd could be fined if it is found to have breached the abatement notice. The company has previously said that it is 'focused on managing the site to minimise impacts to the community' and will continue to do so, and that it is 'stringently regulated by the Environment Agency'.

Get daily headlines and breaking news emailed to you - it’s FREE