Bidwell Metals Ltd, which operates a long-established scrap metal business near Radstock, Bath, holds an environmental permit but carries out waste activities under a waste exemption at the site.
However, in February the company was informed by the Environment Agency that its exemption activities were being de-registered, following a visit from its national noise expert Jon Tofts.
The Agency claimed that up to 10 local properties had been affected by noise from the site – three seriously – due to an aluminium shredding machine, forklift truck movements, angle grinders and mechanical grabs.
Mr Tofts described the noise pollution as the “worst he had experienced in his career”. The Environment Agency claims it is the first time it has taken such action against a waste site because of the extreme levels of noise pollution.
Judicial review
Bidwell Metals initially challenged the removal of the exemption and applied for a judicial review. It argued the Agency had incorrectly applied UK and EU law and that it had acquired a ‘prescriptive right’ to cause noise nuisance because of the length of time the business had been in existence.
According to the company’s website, the family-owned business – which also operates a fleet of lorries and a skip hire service – celebrated 60 years of operations in January 2015.
Bidwell Metals also alleged the Agency had failed to consider its property rights under Human Rights law.
Hearing
The judicial review was set to run for two consecutive days at Bristol Crown Court from 19-20 October 2016.
However, on the first day of the hearing, Bidwell Metals withdrew its claim after the Environment Agency agreed to postpone enforcement action in return for it agreeing to a Consent Order.
Conditions of the Order detail that the company must cease trading under its permit and exemptions at the site by 30 April, and as far as reasonably practicable, clear the site of all waste and scrap metal by 30 June 2017.
Bidwell is also expected to inspect the condition of the site and make good any polluted areas by 31 October next year. If Bidwell Metals Ltd fails to comply with the Consent Order, the Environment Agency can take action against it for contempt of court.
“We were left with no choice other than to put a stop to the exempt operations that were causing so much noise pollution.”
Pete Hart
Environment Agency
Outcome
Pete Hart of the Environment Agency said: “This is a great outcome for the environment and people and shows the Agency is prepared to take firm action against those whose operations are simply in the wrong place and cause misery to local people.
“We tried to bring about change at this site through advice and guidance and did a great deal of noise assessment to quantify and characterise the extent of nuisance. Eventually, we were left with no choice other than to put a stop to the exempt operations that were causing so much noise pollution.”
When contacted by letsrecycle.com, Bidwell Metals Ltd declined to comment.
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