Campaigner criticises lack of action over landfill smell

 Alec Doyle, Local democracy reporter

A campaigner has criticised Wrexham Council’s reluctance to take enforcement action against the operators of Hafod landfill site after two decades of odour problems.

Earlier this month councillors told Hafod landfill operator Enovert to ‘get it right or shut it’ at a meeting of Wrexham’s Homes and Environment Scrutiny Committee. But council officers insisted that the environmental permit issued and regulated by Natural Resources Wales held Enovert to account and further enforcement action would not resolve the problem for residents.

Now one campaigner has sent an open letter to the council criticising officers’ unwillingness to act over a problem that has blighted the surrounding communities for almost 20 years.

‘Moral responsibility’

Steve Gittins said the council had a ‘moral responsibility’ to take action to protect residents and end the odour problem at Hafod.

“Wrexham Council has both the legal authority and the moral responsibility to act,” he wrote. “Under the Environmental Protection Act 1990, local authorities have the power to issue abatement notices in cases of statutory nuisance.

“These powers are not contingent upon NRW’s actions, nor are they negated by them. In fact, where one regulator is perceived to be failing, it becomes all the more critical that another steps in.”

During the committee meeting Ian Jones, Head of Service for Public Protection at Wrexham Council, told councillors the NRW environmental permit was designed to regulate Enovert’s activity – meaning any statutory notice from the council would effectively be a double-regulation that could lead to a legal challenge.

“We theoretically get into a position where one organisation is being dealt with by two legal processes,” he said. “That is not right and the courts wouldn’t look favourably on that.

“So the key thing for us and the advice we get from Welsh Government and UK Government is to use the permitting process. It is a better and more defined process for enforcement and addressing the matter than statutory nuisance notices.”

Walley’s Quarry

But in his letter Mr Gittins called the officers’ claims into question, citing a specific example where a council in England had recently taken action in similar circumstances.

“The response by Newcastle-under-Lyme Borough Council to the long-running crisis at Walley’s Quarry offers a clear and successful precedent,” he wrote. “In 2021, the council independently issued an abatement notice despite the Environment Agency’s jurisdiction.

“That notice was upheld following mediation and became enforceable in 2023. The Environment Agency then issued a closure notice in 2024. Together, these actions brought tangible relief to the affected community. Wrexham Council should do no less.

“The truth is plainly visible to anyone who chooses to look honestly. Yet those in power seem more intent on preserving illusion than confronting the facts.”

In response to the letter Councillor Hugh Jones, Wrexham Council’s Lead Member for Strategic Planning and Public Protection, said: “We are working closely with NRW, site operators and local community councils to monitor and mitigate off-site odour issues for local residents, and we continue to support Natural Resources Wales (NRW) and the measures it has put in place with regards to the Hafod landfill site.

“The council undertook a review of legislative enforcement options towards the end of last year, including the likelihood of the site operator being able to appeal against or defend any legislative action taken by the council – especially given the fact it already faces enforcement action from NRW, and further action by the council might be seen as unnecessary by the courts.

“Legal processes and court actions can be very long, and so we have to consider enforcement action very carefully before going down that route. Our primary focus is to support NRW and Enovert in reducing the odour emission from the site in a timely manner for the benefit of the local community.

“We are aware there have been cases in other parts of the UK where councils have taken action against landfill site operators. Some of the circumstances have been quite different and we recognise the available option should it be required.

“As a result, we’ll continue to work closely with NRW, Enovert and other members of the Hafod landfill stakeholder group, with a view to supporting our communities and ensuring continued progress.”