Organics recycling firm Hinton Organics has pledged to push on with its expansion plans after the favourable conclusion of a long-running legal battle over operations at its Keynsham site.
Hinton, which operates an open windrow composting facility at Queen Charlton to the southwest of Bristol, was taken to court by two residents over perceived noise, bio-aerosol and odour nuisance emanating from the 16,000 tonne-a-year capacity site.
The High Court ruled in September 2008 that the Environment Agency did not need to test the concentration of bio-aerosols at the Keynsham site following a complaint by local resident Louisa Baker (see letsrecycle.com story).
And, Judge Mr Justice Wyn Williams last week (April 14) formally dismissed 18-year-old Ms Bakers latest legal challenge to the waste operations carried out by Hinton Organics.
Angus Cunningham, managing director for Hinton Organics, said: “The case was brought by a couple of residents and, although the alleged noise and bio-aerosol complaints were dismissed by the court at an early stage, we successfully demonstrated, with the benefit of overwhelming expert evidence, that there was no odour nuisance affecting our local community.
The impact of this win cannot be overstated as it confirms the green waste industry’s credibility and hopefully will deter ‘maverick’ litigation in the future. We have a great relationship with the vast majority of our neighbours and have even formed a group so that we can engage in positive dialogue”.
Mr Cunningham said that the case had caused major setbacks to the firm and led to loss of business, staff redundancies and negative publicity, as well as a huge financial outlay.
Commenting on the case, Jeremy Jacobs, managing director of the Association for Organics Recycling, said: This should be viewed as a landmark case victory for our sector and discourage plaintiffs from pursuing unjust claims against operators who are going about their business in a professional and responsible manner.
Expansion
Following the resolution of the case, Mr Cunningham said that Hinton will now seek to develop a 25,000 tonne-a-year capacity anaerobic digestion facility at the Queen Charlton site. The 6 million project will be known as the Green Energy Centre.
He added that the proposed plant would help fill a projected capacity gap in the Avon area, with Mr Cunningham claiming that at least five anaerobic digestion plants of around 30,000 tonne-a-year capacity each are needed in the region.
The heat and carbon dioxide by-products from the anaerobic digestion process will then be used to grow horticultural produce in 12 acres of polytunnels and glasshouses. This product is then planned to be sold back to retailers in order to close the production, consumption and disposal loop.
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