Agenda item

To receive an update on the Council’s landfill management.

The Service Delivery Manager: Highways & Engineering and the Neighbourhood Enforcement Manager provided an update to Members on the management and monitoring of landfill operations across Telford and Wrekin following a verbal update which was received by the Committee at its last meeting.

Landfill sites had been identified as one of the oldest common forms of waste disposal in the UK and the Council were currently responsible for the management of landfill operations at the Granville site located in Redhill, the Candle site located in Horsehay the Stoney Hill site located in Lightmoor and the New Acres site located in Trench. In 2022, over 7% of local authority collected waste had been sent to landfill and at the time of the meeting, Telford and Wrekin was sat above the national average for household recycling at 48%.

The report detailed the proactive measures which the Council had taken to manage the active landfill sites at Granville and New Acres, including odour control and gas management. As the Planning Authority, the Council were responsible for ensuring that both sites operated in accordance with the conditions of planning which included hours of operation, noise and dust monitoring and land restoration.

The New Acres site, located in Trench Lock was managed by Michelmersh Brick UK Ltd and was a site classified as an inert landfill and primarily handled non-hazardous building materials related to clay extraction for use Blockley’s bricks. The site was issued a waste permit in 2006 which was valid until 2032, however if the mining of clay was to cease before this time, the Council would be notified, and the restoration of the site would begin.

The Granville Woodhouse site, located in Redhill was managed by Potters Midlands Ltd and had been an operational site since 1991. The site accepted domestic and commercial waste including non-hazardous biodegradable waste, however, this had resulted in issues with odour control which had been later addressed through corrective measures implemented by the Environment Agency which included the permanent sealing (capping) of waste. The Council had continued to actively conduct odour monitoring in the area and had worked with the Environment Agency and UK Health Security Agency (UKHSA) to ensure residents concerns regarding odour from the site had been addressed.

The report also addressed the ongoing management of closed landfill sites including the Candles site located in Horsehay and the Stoneyhill site located in Lightmoor, which required active management for gas and leachate. The Environment Agency was responsible for regulating the management and monitoring of closed landfill sites with many closed sites containing inert materials such as bricks, concrete and other construction debris and some pre-dating environmental regulation that would require environmental permits. Members heard that some closed landfill sites were located within both Council owned land and private land, however the majority of sites did not require ongoing management or maintenance. Examples of these sites included the land adjacent to Bucks Head and the various railway cuttings in Church Aston and Ellerdine Heath.

Additionally, the report highlighted the Council's work to review and update the current Contaminated Land Strategy which outlines the Council’s approach to dealing with land contamination over the next five years. Under Part 2A of the Environmental Protection Act 1990, Local Authorities had a statutory duty to prepare, implement and periodically review a Contaminated Land Strategy. The purpose of the strategy was to identify and remove unacceptable risks to human health and the environment and to ensure that contaminated land was made suitable for its current use. The Council had invested significantly in infrastructure updates, with current activities funded through existing budgets, underscoring the Council's commitment to environmental protection, community well-being and compliance with legal standards.

Following the presentation, Members posed a number of questions:-

Given the ongoing issues with odours and health impacts, will the Council consider the Granville Landfill site as a statutory nuisance and close it down?

The Neighbourhood Enforcement Manager advised that the Council had been actively addressing issues relating to the Granville site since 2024 through a robust partnership approach but had been mindful that the Environment Agency were responsible for regulating the site. Following the residents' meeting in May 2024, a corrective action plan was implemented to mitigate risks following concerns that had been raised by local residents. Both the Council and the Environment Agency were aware of these actions required and the Environment Agency had statutory responsibilities based on service requests and council complaints and the Council had continued to follow a robust process to investigate every complaint received regarding the site on its own merit.

So, the Council will investigate the issue based on the number of complaints it has received?

The Neighbourhood Enforcement Manager confirmed that the Council would investigate each complaint received in relation to the site on its own merit.

Given that residents are encouraged to report issues directly to the Environment Agency but many appear to be frustrated with the process and have stopped reporting, will the Council act on the complaints it has received and fulfil its statutory obligations?

The Neighbourhood Enforcement Manager advised that each complaint made by residents will be assessed in line with the statutory process for dealing with nuisances.

At the last meeting of Full Council, it was said that the responsibility of the site lies with the Environment Agency. Currently, hundreds of households ae suffering from the same nuisance smells and there has been no clear answer as to whether there is a statutory nuisance. The issue is significantly underreported due to complaints requiring to be made to the Environment Agency directly.

The Director: Neighbourhood & Enforcement Services advised that in order for the Council to establish a statutory nuisance then a significant amount of evidence gathering would be required. Members were provided assurance that any complaint which had been received by the Council from both elected Members and residents had been addressed in line with the Council’s complaint’s policy and further investigations had been carried out including spot checks of sites by the Environment Agency. In relation to serving a statutory notice on a site operator, the Council would be required to receive approval from the Secretary of State. Members heard that the Cabinet had recently written to the Secretary of State outlining the concerns around the operation of the Granville Landfill site and to request a review of operations and management of waste be undertaken.

Given the ongoing odour issue affecting a high number of residents and taking into consideration that this is an indefinite issue influenced by multiple factors such as weather and waste disposal rates, what action is the Council going to take now to address the concerns raised?

The Director: Neighbourhood & Enforcement Services advised that the Council would continue to hold the Environment Agency accountable as the regulatory body responsible for permitting waste operations and ensuring operators comply with landfill regulations. Temporary caps were required to be placed on gas wells at the site and surface pipework was still to be connected to the well drilled within the landfill cells. These installations were expected to be completed by the end of February and would help to control gases.

Given the long-standing issues at the Granville site, particularly in relation to odour and taking into consideration the volume of complaints from residents, if the smell issues continue to persist after the capping work is completed, what mitigations are in place and does this include suspending operations or closing the site? Is the Council willing to use its extensive powers to undertake further actions until the problems are resolved?

The Deputy Leader and Cabinet Member for Highways, Housing & Enforcement advised that the Council had taken issues in relation to the Granville site very seriously and the Council were working closely with the Environment Agency to ensure that the operator delivers on the action plan put in place.

Do we agree there is a statutory nuisance and if so, should it be addressed immediately?

The Neighbourhood Enforcement Manager advised that the option of a statutory nuisance would be investigated and following the information that had been collated from complaints and a site visit would be arranged to evaluate the amount of odour. If a statutory nuisance has been determined, a statutory notice would be issued. If that notice is then breached, approval would be sought from the Secretary of State to close the site.

Is there not enough evidence already collected for the Council to determine that there is a statutory nuisance caused by the site?

The Neighbourhood Enforcement Manager confirmed that if the Council felt there was enough evidence, then a statutory nuisance notice would be issued to the operator subject to a thorough process being undertaken. The Council would continue to work with the Environment Agency and the UK Health Agency to complete the voluntary action plan.

How many complaints had the Council received in relation to odour?

The Neighbourhood Enforcement Manager advised that since the start of the year, the Council had received three complaints.

How many cells had been capped since the site open in 1991?

The Neighbourhood Enforcement Manager advised that an exact figure could not be provided during the meeting due to some of the cells being divided and a formal response would be provided to the question outside of the meeting.

Following a discussion, Members agreed that a site visit of both an operational and closed Landfill site would be beneficial for the committee to further understand how sites are managed.

RESOLVED that:-

a)    the role of the council in landfill activity and the proactive and ongoing management of landfill operations across the borough be noted;

b)   the progress and timescales in relation to the emerging Contaminated Land Strategy be noted;

c)    the draft Contaminated Land Strategy be brought back to Scrutiny for consultation; and

d)   a site visit to an operational and closed landfill site be arranged.