Hacking Lane: Operator loses legal fight to extend life of “putrid” South Elmsall waste site

The operator of a waste site said to pose “a real and ongoing risk to the environment and human health” has lost his legal fight to extend the life of the facility.

The Planning Inspectorate has dismissed an appeal against Wakefield Council’s decision to reject an application for the site in South Elmsall to remain open for another ten years.

The decision came after hundreds of residents complained about a “putrid smell”, dust and litter coming from the facility.

A public inquiry held in July this year heard it could cost more than £30m to remove almost 250,000 tonnes of material from the land off Hacking Lane.

The council plans to build up to 467 houses on the site and considers it to be “strategically important” for the delivery of new homes in the area.

Minore, also known as Mineral Processing Ltd, wants further time to extract ash at the site and said it planned to restore the land to create a county park.

A decision report, published on Monday (November 2), by planning officer Melvyn Middleton, stated: “The proposed ten-year extension would perpetuate uncertainty regarding the restoration of the site and the removal of the waste that currently affects both the surrounding area and the future development of adjoining allocated land.

The document also said there were “no material considerations of sufficient weight to indicate that planning permission should be granted.”

Mr Middleton added: “The proposal fails to demonstrate a credible and deliverable strategy by which mineral extraction, restoration and the timely implementation of the allocation could be satisfactorily reconciled.”

In March this year, Minore had its operational permit for the site revoked by the Environment Agency (EA) to “protect human health.”

The company has also been ordered to remove all waste from the site by 2029 and will be committing an offence if it does not comply.

The site is a former brickworks and quarry now used for the storage of waste and treatment to produce soil and aggregate.

Philip Robson, a barrister representing the local authority, previously told the hearing that the EA had stated there was currently 249,641 tonnes of waste material at the site.

He said the cost to clear that amount of waste could reach £31.5m but that did not include any other associated costs, including management of hazardous materials.

Mr Robson said therefore the overall cost to clear the site would be “materially higher”.

Earlier this year, a government planning inspector upheld the EA’s decision to issue a revocation notice following a separate public inquiry.

Minore was originally granted permission in 2011 to extract ash from the site and import inert material and soils for a seven-year period.

The scheme also included restoring the site to a meadow, wetland and ponds.

Mr Robson said: “It is patently unviable for this or any other operator to comply with the revocation notice and extract ash at a commercial profit.

“All of this is entirely a result of the appellant’s appalling conduct and management of the site.”

John Carlon, a consultant representing site owner and Minore director Andrew Askew, said the facility could continue to operate while properties were constructed within the allocation area.

He said: “It will not impinge upon the development of the wider site for housing and employment land and the risk of pollution is small.”