Our David and Goliath case: an economically deprived community fighting a hazardous landfill

A private company, Whitemoss Landfill Limited, has obtained planning permission for a hazardous waste tip located at the heart of a community in spite of objections by local councils and residents. Our case will directly affect other communities where developers use the Nationally Significant Infrastructure planning process to set aside local objections and ignore local planning processes in order to get the outcome they want.

The facts so far

When plans by Whitemoss Landfill Limited Ltd to extend a hazardous waste landfill in West Lancashire were rejected by both West Lancashire Borough Council and Lancashire County Council during a local plan process, the applicant presented an even larger proposal to enable it to be considered as a Nationally Significant Infrastructure Project. That meant the inquiry would be conducted by the Planning Inspectorate and decided by the Secretary of State for Communities and Local Government - not by our local councils.

<h4>Proximity of landfill to homes and schools</h4>

Red is the proposed tip site; blue shows the football pitches and kids play area - just across the road

Three inspectors traveled to Skelmersdale to hold the inquiry late in 2014. Our economically disadvantaged community banded together to raise funds to pay for two experts, who gave evidence relating to the dangers to health from living so close to hazardous waste landfill and also called into question the safety of the proposed engineering on the site. Nonetheless, in what seemed to us to be a foregone conclusion, the decision was made last month by the Secretary of State (May 2015) that the plans could go ahead.

We believe that this hazardous landfill site will be devastating for our community. Aside from very real health concerns, local residents fear other increased environmental risks from leachate and emissions. Local schoolchildren will be educated close to hazardous waste, and high quality greenbelt agricultural land will be potentially contaminated. We fear that there will also be less inward investment into the town due to its perception as a “dump” for hazardous waste, leading to reduced employment opportunities especially for young people.

Why our case is important beyond just Lancashire

Our judicial review, if permission is granted, will examine how the proposal has been considered by the Planning Inspectorate and the Secretary of State. It will seek to show that local voices were not heard and that important submissions against the project were not properly taken into account.

Help us use the law to support ordinary people against a corporate landfill, which could damage our homes, our town and our environment, purely for profit.

We've done everything - raised money for experts and organised marches

What we're raising money to do

In environmental cases like ours, a member of our community who is affected and who is on a very low income can apply for legal aid which we hope will be granted. That means the Legal Aid Agency will cover part of the costs of our solicitors. We have instructed Richard Buxton Environmental and Public Law Solicitors, who are specialist environmental lawyers.

However, in an environmental case like ours, where the whole community is affected but not everyone qualifies for legal aid, it is obligatory (in order for the community member to receive legal aid to bring the case) to raise a "Community Contribution". We have done all we can in our local community where money is very tight and many people are struggling in the current economic climate – raising funds through fun days, quizzes and events - to pay for the experts who gave evidence to the Planning Inspectorate last year.

Now we are taking our case to the next stage - a judicial review, where we can challenge the government's decision to grant development consent.

We need to raise at least £5,000 for our Community Contribution. Please help us to take this case, which not only affects our local community, but could also set an important precedent for other communities who are affected by Nationally Significant Infrastructure Projects!

About the claimant

A local resident is taking this case forward on behalf of our community but we are all working together to make the judicial review happen for the sake of everyone living near the proposed tip.

Fast facts

### Name of case (if we get permission to take it) R (Local resident) v Secretary of State for Communities & Local Government. ### What's at stake Overturning the decision to allow hazardous waste to be dumped in the heart of a community close to homes and schools. ### The next step I am trying to bring a judicial review to challenge the decision to award planning consent. ### For more information Read more about our case at the [Arrow-No Whitemoss Landfill community website](http://arrow.org.uk/)