Residents impacted by unwanted odour in their homes from a nearby landfill are urged to continue to record incidents while an abatement notice is in place.
Wyre Council has issued an abatement notice to Transwaste Recycling and Aggregates Ltd, the operator of Jameson Road Landfill. This requires the company to stop unwanted odour from the site impacting upon local residents within 60 days and to prevent its recurrence.
Both during and after this period, residents should continue recording incidents of smells on diary sheets as evidence of how they are being impacted in their homes. 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."
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 JamesonRoadLandfill@wyre.gov.uk or posted to Environmental Protection, Wyre Council, Civic Centre, Breck Road, Poulton-le-Fylde, Lancashire, FY6 7PU.
Community pick-up points:
Co-Op, Thornton Centre
Victoria Road East, Thornton-Cleveleys, FY5 5DX
Monday-Saturday 7am-10pm, Sunday 10am-4pm
Christian Care and Share
Cumberland Chapel, Cumberland Avenue, Cleveleys, FY5 2DR
Weekdays, closed Thursday, 9am-12pm
Fleetwood Town Council’s Office
122 Poulton Rd, Fleetwood, Lancashire FY7 7AR
Weekdays, 9am-2.30pm, except Wednesday’s which are 9am-5pm
BFC Fleetwood Nautical Campus
Broadwater, Fleetwood FY7 8JZ
Weekdays, 10am-3pm
Flakefleet Primary School
Northfleet Ave, Fleetwood FY7 7ND
Weekdays 9am-3.30pm
Marine Hall
The Esplanade, Fleetwood FY7 6HF
Tuesday-Friday, 10am-4pm
Fleetwood Hospital
Pharos St, Fleetwood FY7 6BE
Weekdays, 9am-5pm
West View Community Centre
2 Eden Avenue, Fleetwood FY7 8DH
9am-4.30pm