NEWCASTLE-UNDER-LYME BOROUGH COUNCIL

CORPORATE LEADERSHIP TEAM’S

REPORT TO

COUNCIL

25 SEPTEMBER 2024

Report Title: Walleys Quarry Committee of Inquiry

Submitted by: Chief Executive

Portfolios: Sustainable Environment; One Council, People & Partnerships

Ward(s) affected: All

Purpose of the Report	Key Decision	Yes ☐	No ☒
This report sets out the findings and recommendations of a Scrutiny Committee of Inquiry established following a Council resolution to undertake a public hearing into the impacts of Walleys Quarry landfill operation on the residents and environment of Newcastle.
Recommendation That Council: Receives the report of the Committee of Inquiry at Appendix 2. Notes the recommendations in the report and determines future actions to be taken as a result. Delegates to the Council’s Chief Executive authority to implement agreed actions as they relate to the Borough Council in consultation with the relevant Portfolio Holders, and that the Chief Executive liaises with the necessary external authorities for their actions. Requests updates on progress against recommendations be provided regularly to Cabinet and the relevant Scrutiny Committees. That Full Council receives further updates as required on actions.
Reasons Odour issues and the impacts on public health from the Walleys Quarry landfill operation continue to be a major concern for the local community. Council determined that the Scrutiny Committees led by the Health, Wellbeing and Environment Committee should undertake a further examination of the issue, to include hearing from the local community and other stakeholders. The recommendations relate to the findings of a Committee of Inquiry which has carried out hearing sessions and gathered evidence from a range of key stakeholders and interested parties and which are now captured in a report to Council.

Background

For a number of years, parts of the borough have suffered from foul odours from the Walleys Quarry Landfill Site in Silverdale operated by Walleys Quarry Ltd. The Environment Agency (EA) is the lead regulator for such sites, testing and enforcing compliance with the permit under which the site operates. The Council also has a role in influencing the operation and performance of such sites, where an operator fails to comply with actions required under an abatement notice issued by the Council in relation to any statutory nuisance caused by the site.

The history of this issue, and the Council’s involvement with it, is well documented in monthly reports to Cabinet and regular reports to both Scrutiny and Full Council. Following a deterioration in air quality in the winter of 2023/24, resulting in a significant increase in complaints, a Special Council meeting was convened on 14 February 2024 to debate the matter.

At the February 2024 Special Council, a resolution was passed which included the following specific task for the Council’s three Scrutiny Committees:

That Full Council ask the relevant Scrutiny Committees to hold a public hearing, to receive impact statements from residents, stakeholders, including businesses, the operator, Staffordshire County Council, the operator, and local health bodies.

Following Special Council a report was presented to the Health, Wellbeing and Environment Scrutiny Committee on the 26th February. The report set out the proposed governance arrangements for conducting the agreed public hearing and practical steps necessary to implement the wishes of Council. The report is attached at Appendix 1.

Issues

A Committee of Inquiry was duly established under the parent Health, Wellbeing and Environment Scrutiny Committee. Members of the Committee were nominated by the respective groups. The nominations were as follows:

Cllr Bettley-Smith

Cllr Holland

Cllr Brown

Cllr D Jones

Cllr Adcock

Cllr Whieldon

Cllr Moss

Cllr Fox-Hewitt (Reserve)

At an initial scoping meeting prior to the public hearing sessions, members agreed that Cllr Bettley-Smith would be the chair of the Committee with Cllr D Jones as Vice Chair.

At the same meeting members noted the Terms of Reference derived from the debate that took place at the 14 February 2024 Council meeting. These were:

What is the impact of the ongoing odour issue

What needs to be done next, and by whom, to bring about resolution

What, if any, opportunities have been missed to resolve this issue sooner

Members duly agreed to use as a starting point for their work the outputs and outcomes of an inquiry into Walleys Quarry carried out by the Council in 2020-2021. This would help to provide members of the Committee with knowledge of the issues and concerns of local residents and other affected parties at that time and inform updated and potential new lines of questioning added to more recent information. The report of that inquiry and the recommendations were revisited and used to develop a work programme identifying the key witnesses to be approached and invited to participate in the work of the Committee.

Statements from both previous and new and additional interested parties were invited to be submitted to the Committee reflecting the key concerns about the impact of odour issues on people’s day to day lives but also the health effects. These statements were duly reviewed and the key issues noted. As a result of these statements the Committee sought to better inform itself of some of the technical language and information which was contained in those statements in order to help with the public hearings.

Two public hearing days were held respectively on 23rd July and the 14th August. These took place in the combined Astley and QE11 rooms at Castle House. The sessions were open to the public to attend but were also live streamed and recorded for subsequent upload to YouTube. The intention originally was for there to be a single hearing day but as some participants were not available on that day,the second hearing day was held on 14th August.

Whilst Walleys Quarry Limited submitted statements to the Committee of Inquiry they declined invitation to attend any of the public hearings.

The detailed report at Appendix 2 sets out the participants in the two hearing days, the line of questioning taken by the Committee having regard to the Terms of Reference and the evidence provided by witnesses, together with the Committee’s recommendations. Further evidence, where agreed, was submitted after the hearing days and captured in the report.

Recommendation

3.1	That the Committee of Inquiry Report at Appendix 1 is received

3.2	That the recommendations in the report are noted and Council determines future actions to be taken as a result.

3.3	That Council delegates to the Council’s Chief Executive the authority to implement agreed actions as they relate to the Borough Council, in consultation with the relevant Portfolio Holders.

3.4	That Council requests updates on progress against recommendations be provided regularly to Cabinet and the relevant Scrutiny Committees.

3.5	That Council receives further updates as required on actions.

Reasons

4.1	To receive the report and recommendations of the Committee of Inquiry and determine the next steps.

Options Considered

5.1	A previous Council resolution agreed to the holding of a public hearing(s) to consider the continued impact of Walleys Quarry Landfill operation on the residents and environment of Newcastle. This report reflects the undertaking of that work and the production of a report of the findings and recommendations. The Council now can determine whether to accept the report and recommendations or not in whole or part.

Legal and Statutory Implications

Scrutiny Committees have a remit to conduct inquiries into any matter which is of concern to the local community, and are afforded considerable flexibility in terms of how they discharge their remit.

Special Council resolved that a public hearing be held to look into the issues raised by the continued impact of Walleys Quarry.

on residents and the wider environment.

Equality Impact Assessment

There are no equality impacts directly arising from this report.

Financial and Resource Implications

There are no specific financial implications which arise out of this report

Major Risks & Mitigation

There are no significant risks arising directly from this report.

UN Sustainable Development Goals (UNSDG)

Key Decision Information

Not applicable

Earlier Cabinet/Committee Resolutions

Special Council meeting 14th February 2024

12.2 Health, Wellbeing and Environment Scrutiny Committee 26 February 2024

List of Appendices

Appendix 1 – Report to Health, Wellbeing and Environment Scrutiny Committee on 26th February 2024

WQ Scrutiny post Council.pdf (newcastle-staffs.gov.uk)

13.2	Appendix 2 – Committee of Inqury Report

Background Papers

Previous reports to Cabinet and Council on Walleys Quarry.