The Council gives green light for Parkwood tip development – but legal action could lead to closure.
Planning permission for the expansion of active (rotting) waste tipping at Parkwood was granted on 29th August, but two weeks later legal action by a group of local residents aims to stop the site from causing a nuisance – which some say can only be achieved by shutting down the site.
Petitions ignored
Permission to ‘rephase’ operations at the site was granted by Sheffield Council’s West and North Planning Board, despite petitions against the proposal signed by 3,000 people. This means that active waste tipping will continue for longer and over a greater area than it would have done under the previous planning permission – but only if the Environment Agency grants a new permit, which is “by no means a foregone conclusion”, an official said. Risk assessments have to be carried out to the Agency’s satisfaction, and the effect on local wildlife must be mitigated.
Under the new plan, site owners Viridor will first construct a 50-metre buffer zone and a ten-metre high ‘bund’ to protect nearby residents on the Kingsmead Estate from noise and dust coming from the site. Viridor hope to complete this work before the end of the year, if weather conditions are favourable.
Deadline for claims
Solicitors Hugh James, acting for more than 200 local residents who say their lives are blighted by smells, litter, dust, noise, flies and birds from the landfill site, say they have a very strong case which could result in a High Court injunction ordering Viridor to stop causing the nuisance. Compensation would be claimed for interference with residents’ lives and reduction in their property values. Viridor denies that it causes any nuisance.
Sheffield Judge John Bullimore has appointed Hugh James, specialists in environmental law, to represent all claimants against Viridor, and decided a cut-off date of 30th November, by which time all claims must be registered. It is very unlikely that the courts will allow any other claims after that date.
Environment Agency record complaints
The public record of complaints held by the Environment Agency for the five years to 2005 records 776 separate complaints in relation to odour nuisance, with 22 site warnings being issued and one recommendation to prosecute over litter offences.
Hugh James advises residents not to assume there is no need to complain now the legal action has started. Residents should continue to notify the Environment Agency of any problems they experience on 0800 807060.
Ms Helen Murphy of the Kingsmead Estate said:
“We moved into the area when the house was built in 2002, we had no idea about the problems with the landfill.The site has blighted our lives and we worry whether we would be able to sell the house in the future.We have complained about this site for years but nothing has been done, we feel very let down by the authorities. It’s a sad state of affairs when local residents have to bring their own legal case to tackle this situation.”