Residents' disappointment as Mullaghglass judicial review is dismissed
A RESIDENTS group calling for the closure of Mullaghglass Landfill site have expressed their disappointment after an application for judicial review was dismissed. The High Court action taken by Noleen McAleenon sought for steps to be taken by the Northern Ireland Environment Agency and the Lisburn and Castlereagh City Council to address and eradicate the odour. The initial hearings took place on 7 April and 13 May. It was expected that a judgement would not be delivered until the autumn. Speaking after the judgement, Mairead Connolly from the Shut Down Mullaghglass Landfill campaign said: “It is extremely frustrating for Noleen and the other residents that this case has been dismissed,” she said. “We are mostly frustrated at the length of time that it took for action to be taken. Most of the evidence presented from the other parties was dated from 2021 but I know myself that my own complaint was initially submitted in 2019. “The fact that we had to go to court to even get things off the ground was disappointing. It wasn’t until the Pre-action Protocol letters were submitted in January 2021 that things started happening. “We had increased site visits and monitoring after that. It has been a long drawn out process and thankfully the odour has been great this last while and we have only detected it on a handful of occasions rather than that daily constant odour that we were plagued with. “This judgement has been disappointing but the good thing is that we are able to go outside now and we are able to enjoy our homes.” Delivering his judgement, Mr Justice Humphreys said: “A Judicial Review court is not the forum to consider the detail of the complaints in terms of intensity or duration or the cause of effect of the emissions on the lives of the applicant and others. “I am, however, quite satisfied. On the evidence available that the applicant has met the minimum level of severity required to engage her Article Eight rights. “The key conclusion of each of the respondents is that the levels of H2S emissions are not on the evidence available and considered by them, such as to require enforcement action. “The role of the court is to analyse whether this conclusion has been reached following due diligence and consideration of competing interests or whether there's been a manifest error of appreciation justifying interference by the court in these material considerations. “It's apparent that the applicant would wish there to be in place some limits, standard or guideline but which the emission from the site would be measured. “However, the evidence before me is to the effect that no landfill sight in the United Kingdom operates with a particular H2S emission requirement or guidance figure in its permit,” he concluded.
