Legal proceedings are being brought against waste management company SiITA UK, over claims of 'foul smells' emanating from its Whinney Hill Road landfill site in Lancashire.
Law company Hugh James is representing 94 residents of Accrington, Lancashire in an injunction against SITA UK to stop the odours emanating from the site. There is also a secondary claim against SITA UK for compensation for past problems caused by the smell.
Rhian Morgan, the solicitor representing the 80 families bringing the claim, said the case was being pursued under the Law of Private Nuisance as the residents were suffering "unreasonable interference with enjoying their property" and needed an “end to the problem”.
"The proposed claim will be for compensation for loss of enjoyment of the residents' homes caused by the odour which has emanated from Whinny Hill Landfill site since approximately November 2008.
"Residents have complained that the odour has interfered with the enjoyment of their properties and has prevented them from activities such as being able to sit out in the garden and being able to open windows and doors in the summer. As well as seeking compensation, we will also be seeking an injunction to prevent the continuation of the nuisance in future if there is evidence in support of such a claim.
"Residents who feel they have been adversely affected by the Whinny Hill Landfill site or who would like further details about the potential claim should contact us on 02920 391118 or e-mail environmentgroup@hughjames.com."
Speaking to the BBC, local resident Neil Walker, who has lived near to the landfill site for 10 years, described the smell as "horrendous" and like "rotten eggs", while another local resident, Sean Fenton, said the smells emanating from the site where "unbearable".
"It is a horrible sour smell and since I moved in it has got much worse," he said. "It is unbearable at times - it is worse in the summer and at night."
SITA UK has said it would not comment on this “ongoing legal matter" but said that the landfill site “fulfils an essential strategic role in the safe and responsible disposal of the region's waste”.
"All operations are undertaken in line with robust environmental legislation and are regulated by the Environment Agency", it continued.
"The company meets regularly with community representatives and residents to ensure the site is operated in line with its environmental permit and to provide a forum for feedback."
In November 2012 the Environment Agency released a statement saying it had been working with SITA UK over the course of the year "to ensure it carries out work to reduce the level of odour being released from the site".
Read more about SITA UK.
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