Top recycling council ordered to pay 73,000 over noise

East Lindsey district council, which emerged as the best performing local authority for recycling earlier this month (see letsrecycle.com story), was ordered to pay out to three residents last week (November 14) who had complained of noise created by the council's 22 refuse collection vehicles leaving the Manby Park refuse depot each morning.

In the five-day trial, Judge John Leighton-Williams QC claimed that there had been an “actionable nuisance” caused by the trucks leaving each morning and awarded over £70,000 in damages.

However, the council maintains that the largely rural site had always served an industrial purpose having once been an RAF base, and that any residents moving to the area would be aware of this. The council also claimed that a ruling of this kind against a rural authority could have dire implications for refuse collections in urban areas.

A spokesman for East Lindsey said: “What does it mean for people in cities, we think this is matter of national interest because if this is being done in this rural area then what does this mean for urban areas? Does it mean you won't be able to have a refuse collection truck within 300 yards of a building before a certain time?”

The council is now seeking legal advice ahead of potentially mounting a challenge to the High Court decision.

Compensation

The case was brought to the High Court following complaints from Manby residents about the “intolerable” noise generated by more than 20 refuse lorries leaving the depot's Carlton Road exit to begin collections at 6.30 each morning.

William Bontoft, 71, who lives in Carlton Road, Manby, and his neighbours, Victor Lamb and his daughter, Sonia Taylor, who suffers from multiple sclerosis, were awarded a total of £73,250 after the court heard how the village had been affected by the introduction of a new refuse collection system on April 3 2006.

Mr Lamb, 63, a businessman and helicopter pilot, described the “procession” of lorries as “surreal” and a 92-year-old resident who lives opposite the depot said the noise was “awful”. Mrs Taylor told the court: “I couldn't believe the noise. It was such a shock to see a long line of refuse lorries driving past my home…I could not believe my eyes.”

The council's chief executive responded in December 2006 that it was “not feasible” for the lorries to leave an hour later in the mornings, but said East Lindsey would look into the option of rubbish trucks taking an alternative route out of the depot.

However, the judge said lorries were still using the Carlton Road exit, although they were not meant to depart before 7am and now tried to “fit into passing traffic” rather than leaving the depot “in one continuous slow stream.”

Mr Bonfit told the court: “It is the nature of the noise that makes it do disturbing and stressful. The vehicles have automatic transmissions and so have to rev their engines to make the  vehicles go forward. They screech and it can make you feel sick at times.

“We used to wake at about 7.30-8.00 in the morning, but since the noise has started we have been waking at 6am.”

A local councillor described the operation as a success in the local Village News and likened the experience to the invasion of Kuwait. But Judge Leighton-Williams observed that, for those living nearby, “the experience was rather one of being invaded”.

The judge said that, as the row over the noise escalated, there had been “over-reactions on both sides”, and residents had intensified complaints to the council and claimed there had been “provocative behaviour” by some of the council's refuse collection staff.

Response

Judge Leighton-Williams said locals were not being “over-demanding” in their requests that something be done to reduce the noise, however, the stand-off between the council and local residents culminated in the five-day hearing at London's High Court.

However, the judge refused to issue an injunction against the council forcing it to relocate the lorry exit away from Carlton Road, after hearing that could cost more than £200,000 and, ultimately, it would be local people who had to pay.

Although the council had taken “responsible” steps to try to find a solution, he said that locals were not being “overdemanding” in their requests that something be done to reduce the noise and the underlying problem of “too many noisy vehicles exiting too close together in time and too early in the morning” had continued, and amounted to an “actionable nuisance”.

Before awarding damages, the judge said: “I am satisfied that noise caused by the exiting vehicles has given rise to an actionable nuisance by all three claimants”.

The judge awarded Mr Bontoft £22,500 damages; Mr Lamb, whose property was closest to the depot exit, £36,250; and Mrs Taylor £14,500.

East Lindsey also now faces massive legal bills which are yet to be assessed but are likely to run into six figures.

Following the decision, East Lindsey explained that it had been disappointed by the outcome and intends to pursue legal advice ahead of appealing the decision.

The spokesman for East Lindsey said: “It is the right thing to do to challenge this because we don't feel enough attention was given to the history of this site. We have got a fantastic recycling service but we run it from a very rural area, which has about 15 houses in total on the way to the depot, so at this time it has become a matter of principle.”