Update on what happens next as Abatement Order on Transwaste, operator of putrid Fleetwood landfill site ends
"The issuing of the abatement notice is not the end of the story here”
An abatement notice issued to Transwaste, operators of Fleetwood landfill site in Jameson Road, ends on July 3.
Wyre Council issued the 60 day notice to the company at the centre of the toxic odour omitting from the site, in an effort to stop the smell affecting local residents.
When the notice ends, there’s a procedure the council has to follow and as part of that, they will do a thorough review to determine whether the nuisance has been abated over the preceding 60 days or if it is continuing.
The council is now urging people to continue to record incidents until Friday which the notice is still in place.
This information should then be submitted to the Council in the usual way using diary sheets and by accepting an officer verification visit.
The Council says these records remain essential because, without them, a court might conclude that unwanted odour in the area has improved, even if residents are still experiencing the same level of disruption in their daily lives.
A spokesperson for Wyre Council said: "The issuing of the abatement notice is not the end of the story here. The Council is determined to ensure that this notice helps to bring a permanent resolution to the problem affecting the community.
“Now that the abatement notice has been issued and served, it is even more important that residents continue to maintain records and send them to the Council so that a true picture of the issue is maintained.
“We are determined to follow this legal process to its very end to make sure the company complies with the abatement notice."
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Wyre Council holds powers to address statutory nuisance under the Environmental Protection Act 1990.
The decision to serve a notice followed a process of evidence-gathering with local residents to build a case that met the legal test for statutory nuisance.
If the Council considers that the company has not complied with the notice at any point after the expiry of the 60-day period, officers will gather all evidence available concerning that non-compliance in order to support possible legal action against the company as part of the next steps in the legal process.
It is really important that both the Council and the court have an accurate picture of the extent, impact and frequency of any smells and therefore nuisance so as to ensure that the most appropriate course of action is taken.
The Environmental Protection Act 1990 sets out that permission must be sought from the Secretary of State to take enforcement action if the notice is breached after the expiry of 60 days. The Council will take the necessary steps should enforcement action be required.
Diary sheets can be downloaded from the Council’s dedicated webpage here: https://www.wyre.gov.uk/Jamesonroad
Alternatively, print copies can be collected from a variety of community pick-up points listed below. These must be emailed to [email protected] or posted to Environmental Protection, Wyre Council, Civic Centre, Breck Road, Poulton-le-Fylde, Lancashire, FY6 7PU.