Walleys Quarry Abatement Notice Appeal – update
Council discloses court order and letter from Chief Executive re sharing information with Walleys Quarry
In response to concerns that have been raised about the process of disclosing information in this appeal, we have been asked to publish a copy of the Order made by the court on 3 November 2021.
You can see the court order here:-
Paragraphs 2, 3 and 4 of the order relate. In accordance with paragraph 2, the Council notified Walleys Quarry Limited that it intended to rely on the complaints that it has received from residents (amongst other things). In accordance with paragraph 3, Walleys Quarry Limited notified the Council that it wanted to copies of those complaints. The Council has, in accordance with paragraph 4, provided that information to Walleys Quarry Limited.
We understand that this part of the court process has caused some residents concern. A letter from the Chief Executive about this is available here:-
As set out in that letter, if you think there are any particular sensitivities around the data you have provided to us, please get in touch to let us know by emailing wqdata@newcastle-staffs.gov.uk.
With the exception of cases where there may be particular sensitivities around the data you have provided, I am afraid we are not in a position to delete complaints data or refuse to disclose into the court process.
We anticipate that we are unlikely to be able to persuade everyone that we have taken the correct course of action on this issue.
Anyone who remains dissatisfied with the way in which we have handled their personal data in this matter may complain to the Information Commissioner’s Office (https://ico.org.uk/make-a-complaint/).
We do, however, hope that residents understand that the most significant and compelling part of the council’s case is the lived experiences of the residents who have suffered because of the odours from the site. It is, ultimately, because of the lived experiences of the residents that this action is being taken. It is those lived experiences that will help the court decide whether the odours are simply an inevitable consequence of normal landfill operations that have to be tolerated, or whether the odours are so serious and widespread that they amount to, in law, a nuisance that must be stopped. We can’t make the case on your behalf without the information you have provided.
Many thanks for your support and cooperation in this.