Spaldington Composter fails in attempt to bring more stinking waste into area

(pictured with Spaldington residents)

Great news for Spaldington! An application by a local agricultural composter at Ivy House Farm near the Water Tower, to remove planning conditions that would allow him ‘to increase the type of stinking waste he can take in’ was unanimously thrown out by East Riding of Yorkshire Council Planning Committee. This was against the recommendations of the Council’s Planning Officers.

Spaldington resident Kath Westin spoke on behalf of the community describing vividly the foul smell which often engulfs the village. As their Howdenshire ward Councillor it was a pleasure for me to sum up and speak in support of Spaldington and Eastrington residents. I pointed out that to allow more animal bi-product waste streams, such has flesh from the tannery industry onto the site would have a serious adverse impact on the living conditions of nearby residents with respect to odour, and it was in conflict with both national and local planning policies. The applicant’s agent didn’t bother turning up for the meeting.

I felt this application was almost exactly the same as one refused by the Planning Committee in 2008 – which was subsequently appealed by the Composter, but the Planning Inspector came down on the side of the Committee in upholding their decision. The planning inspector had said “Planning policies indicate that the likely impact on the local environment and on amenity should be considerations when determining planning applications for waste management facilities” and that “it may be appropriate to use planning conditions to control aspects of the development, including impacts such as odour, where these impact on neighbouring land uses and sensitive receptors”. The Inspector also stated that he considered the present conditions to be “reasonable and necessary, and sufficiently precise to be enforceable.”

Many of you will recall I presented a motion to EYRC on the agricultural composting industry, leading to a detailed examination by the then Environment and Transport Overview and Scrutiny Committee in March 2008. (for more information please click here ). Since then we have seen a great improvement in practices of many composters throughout the East Riding – unfortunately I don’t feel we have seen much improvement in this composter’s operation. Quite simply Ivy House Farm stinks, it has for a number of years – and depending on which way the wind blows - so does Spaldington and Eastrington, and I failed to see that bearing in mind this composter’s operation stinks now with the present limits on what he can take in – imagine what it would have been like if he had been given carte blanch to bring anything and everything onto the site.

Who is the regulatory body supposed to protect residents when it comes to the potential nasty effects of agricultural composting of animal bi-products? – It’s the Environment Agency. Many will know that I’ve witnessed first-hand just how poor they are when it comes to regulating composters (and also a particular landfill site) – I certainly wouldn’t and can’t believe that any resident would want to leave it solely to the EA to protect Spaldington or Eastrington from the smell of death (as described by one of the Planning Committee members). I stressed that I wanted the ERYC to continue to play its part (and its duty) in regulating this site through the planning conditions already in place. This point was taken up by members of the Planning Committee in support of the refusal.

There had been 50 letters of opposition to this application which clearly showed people are sick of the smell created by this site as it is – I cannot imagine the impact on them if this was to have been made worse had planning consent been given.

Well done and many thanks to residents, Spaldington Parish Council and particularly the ERYC Planning Committee members for seeing this application for exactly what it was, and throwing it out!

The Environment Agency plans to regulate all Agricultural Composters

I am very pleased to say the Environment Agency has brought forward plans to regulate the agricultural composting industry by bringing all operators under regulation, rather than some being exempt as we see, and smell, at present.

Over the last 3 years many residents have raised the issue of composting and the foul smells drifting across the Howdenshire villages of Spaldington, Brind, Wressle, Holme on Spalding Moor, Eastrington and North Howden.

The East Riding of Yorkshire is home to a significant number of composting operations, most of which cause very few problems and don’t come to the notice of residents, the Council, or the Environment Agency. Unfortunately a small minority of composters operating under a licence exemption have not followed the rules, and have caused serious odour problems for local residents and whole villages. It was clear that the past regime of self-policing was not working for this small minority of composters

The composting of animal by-products has been a concern to me, especially if the raw materials are transported from far away, not composted correctly or for sufficient time, resulting in the foulest smells imaginable.

Many of you will recall that I originally raised the issue of composting in a motion to the East Riding of Yorkshire Council, after which the Council’s Environment and Transport Overview and Scrutiny Committee looked further into the issue, the Council then expressed its concerns to the Government’s Environment Agency.

The Environment Agency also wants to see operators attend formal training, which along with the proposed permitting and regulation will have a cost implication for the composters, although in fairness many other industries require operators to undergo training before being able to carry out work. (e.g. CORGI registration for gas heating engineers)

Bringing all composting operations into the general permitting framework and undergoing formal training is a positive step and will be good for the industry as a whole, and certainly good for the public. It is always a question of balance between regulation and cost, and I would hope that the charges to be levied are based solely on the costs for regulation rather than yet another stealth tax.

I have a great deal of sympathy for those farmers, who have diversified into composting as a replacement for conventional fertilisers and operated in a responsible manner, and are now going to have to pay increased fees for regulation, unfortunately this means the whole industry is being made to pay for the actions of the few.

David Davis MP and I have worked closely on this for a considerable time, and he was able to add his weight to the case by raising the issue with the Shadow Minister and the Chief Executive of the Environment Agency.

David adds; “I welcome the plans for more rigorous inspection and regulation of the agricultural composting industry. A great many of my constituents have had to put up with vile smells associated with composting animal by-products for far too long as some operators have been working outside regulation through an exemption. For to long the inspection regime on this unpleasant Industry has been to lax it is time to put this right”

“It is essential that the charges should cover the full cost of the proposed inspection and regulation. Firm regulation is needed whatever the cost, which should be borne by the composters and not the taxpayer.”

Environment Agency to bring agricultural composters under new regulations

The Environment Agency has at last brought forward plans to regulate the agricultural composting industry by bringing all operators under regulation. In my opinion this is very welcome, although the £1,590 charge for a licence and then £760 per year is causing some concerns within the industry, and particularly with the NFU.

The Environment Agency also wants to see composters attend a formal training course, which will also have a cost implication, although in fairness many other industries require operators to undergo training before being able to carry out work. This training may well cost in excess of £1,500.

The East Riding of Yorkshire is home to a significant number of composting operations, most of which cause very few problems and don’t come to the notice of residents, the Council, or the Environment Agency. I have a great deal of sympathy for those farmers, who have diversified into composting as a replacement for conventional fertilisers and operated in a responsible manner, and are now going to have to pay increased fees for regulation.

Unfortunately a small minority of composters operating under a licence exemption have not followed the rules and have caused serious odour problems for local residents and whole villages. The composting of animal by-products is a concern to me, especially if the raw materials are transported from far away, and not composted correctly or for sufficient time, resulting in the foulest smells imaginable.

It is clear that the past regime of self-policing has not worked for this small minority of composters, and it would appear that the new charges represent the industry being made to pay for the actions of the few.

Bringing all composting operations into the general permitting framework is a positive step and will be good for the industry as a whole, and certainly good for the public. It is always a question of balance between regulation and cost, and I would hope that the charges to be levied are based solely on the costs for regulation rather then yet another stealth tax.

Spaldington Composter's Planning Appeal Dismissed

Spaldington residents have found victory at the end of a hard fought campaign to protect themselves from the obnoxious stink and bio-security risks associated with the composting of animal bi-products (see posts passim). The appeal against the planning refusal made by a composter located in Spaldington, being dismissed by the Planning Inspector.

• The appeal was made under section 78 of the Town and Country Planning Act 1990 against a refusal to grant planning permission under section 73 of the Town and Country Planning Act 1990 for the development of land without complying with conditions subject to which a previous planning permission was granted.

• The appeal was made against the decision of East Riding of Yorkshire Council.

• The application Ref DC/06/08259/STVAR/STRAT, dated 8 September 2006, was refused by notice dated 7 May 2008.

• The application sought the variation of conditions attached to a planning permission Ref DC/05/03826/PLF/WESTWW, dated 20 January 2006 for the change of use of a building for composting purposes.

• The conditions in dispute were Nos 2 and 9 which state respectively that: “All compost on this site shall be produced from the following materials only: wood chip, biodegradable green waste, salad waste, feathers, eggshells, pig hair. There shall be no use of fish by-products and no more than 1000 cubic metres of compost produced at any one time with the buildings hereby approved unless otherwise agreed in writing by the Local Planning Authority.” and “Spreading of waste shall be restricted to a maximum of 10 days per year and shall not take place outside the following times: Monday – Thursday (9.00am – 4.00pm); there shall be no spreading of composting on Fridays, Saturdays, Sundays or on Bank Holidays.”.

• The reasons given for both conditions were: “In order to protect the amenities of nearby residents”.

Decision - The appeal is dismissed.

For full details of the decision please click link below:

http://www.pcs.planningportal.gov.uk/pcsportal/fscdav/READONLY?OBJ=COO.2036.300.12.325542&NAME=/Decision%20letter.pdf

Stink over Holme on Spalding Moor

Many of you will have noticed the foul smell that drifted over the village of Holme on Spalding Moor last Friday afternoon and evening (9th May), and many thanks to residents for the calls and emails. I spoke at length to both ERYC Public Protection and the Environment Agency and was reassured to find they were both ‘on the case’ visiting the site at approx 9pm that same evening. The source of the smell was identified and offending composter contacted, and told to remedy the situation. I spent some time with residents in HOSM on Saturday morning and whilst the smell was not as bad there was an intermittent stink drifting over from behind the hill. It is clearly not acceptable for a composter to subject residents to such a vile stench at anytime, let alone on a Friday evening, and rest assurred I will continue to work to improve the situation.

Spaldington Composter's Planning Application Thrown Out!

At the meeting yesterday (1st May 2008) of the East Riding of Yorkshire Council's Planning Committee the application by a Spaldington composter/farmer to increase the range of waste materials he could compost and also to increase the days he is allowed to spread compost on his fields was thrown out. This is a committee on which I sit, but because of my involvement in the campaign on behalf of Howdenshire residents I was allowed to speak but NOT to vote. Therefore I would like to thank my fellow members from all parties for their decision.

This is very good news for residents of Spaldington, Eastrington and other communities who have to put up with the stench from this site as it is, without having an already diabolical situation made worse.

I would just like to say that the applicant, through his agent refused to allow me as a member of the Planning Committee to attend the site visit to inspect his operation the day before, I decided not to push this issue, but I do wonder why I was singled out from the rest of the committee? Was it because I have a good basic knowledge of composting and may have asked a difficult question, seen something I shouldn’t have, or had the applicant got something to hide. If everything was in order and above board what had he to fear? I will leave it for you to decide…..

I am led to believe from members that the applicant had made a special effort to clean his facility as some ‘photographers’ were due on site. Residents confirmed this cleaning had been continuing the previous day. It is also alleged that compost had been recently been moved from the composting sheds to the maturation heaps in the fields.

Many remember the foot and mouth epidemic in 2001, when it was later found the origins of the disease came from contaminated meat products in pigswill, a process which is now banned. So my question here was: Why was a farmer hoping to bring into our communities those self and same ingredients once used in this now banned process, from other parts of the country to be introduced into this composing process?

Let’s be clear here…. This application was a request by a composter to increase the ingredients he takes in to include; starch products, beef burgers, fleece trimmings, pet food by-products, bakery products including pizza, tannery scrapings, prawn shells and sewage sludge. This is from a farmer who raises livestock on the same site. I cannot comprehend the sense in even thinking about doing this - and neither could the Planning Committee.

Local MP David Davis adds:

“I am delighted at this result. It will be a relief to the people of the surrounding area. I hope it will be reflected in other planning decisions of this nature.”

Radio 4 - 'You and Yours' composting item

On Wednesday 16th April 2008 the BBC Radio 4 program 'You and Yours' ran the story of the problems experienced with East Riding Composters, to listen again please go to the following link:

http://www.bbc.co.uk/radio4/youandyours/items/01/2008_16_wed.shtml

Many thanks to the BBC journalists, especially Shari Vahl for bringing this issue to the attention of the wider public.

East Riding of Yorkshire Council Review of the Agricultural Composting Industry

Yesterday, (19th March 2008) the East Riding of Yorkshire Council’s (ERYC's) Environment and Transport Overview and Scrutiny committee looked into the agricultural composting industry.

As mover of the original motion I introduced the issue by saying, “Over the past year or so I have met and listened to residents and composters alike, I have seen good practices and bad, and I am of the opinion that composting, if done correctly is a viable option in providing an alternative to conventional fertiliser, which can be environmentally unfriendly in it’s production and has become very expensive. The use of compost has other benefits to the land in breaking up and aerating heavy soils. It is also a positive step in reducing landfill, and as the government targets for recycling increase this is an ideal way of recycling waste. The other benefit is also in providing a source of income through farm diversification.

BUT, if composting is not done correctly, as per the regulations or corners are cut then the resultant smells, and bio-security fears have a detrimental effect on resident’s quality of life. A number of composters are operating under a waste management exemption licence, and this is where it gets even more complicated.

Serious concern has also been expressed over the Bio-security risks connected with the composting of animal by-products on livestock farms in apparent direct contravention of the Animal By-Product Regulations…. which were drawn up to prevent the risk of transmission of serious diseases such as Foot & Mouth, Bird Flu, Swine Fever and BSE.

Resident’s anger has been compounded by the perceived ineffectiveness of a very complicated regulatory process; after all…. despite attempts to improve the situation by the Council departments and two partner agencies there are still the same serious odour issues, and bio-security fears in Howdenshire villages that have been evident for a considerable time”.

The presentations by the ERYC’s officers from Planning, Public Protection and Animal Health, plus officers from the Environment Agency and DEFRA vet demonstrated just how complicated the issue has become. The presentations and subsequent questioning raised many issues and identified serious weaknesses in the regulations governing this industry, especially when a number of composters are operating under waste management exemption licences given by the Environment Agency. This is compounded by planning conditions that are well intended but difficult to enforce.

The committee were informed that at present the Environment Agency does not even have a legal definition of compost within present legislation. At attempt to introduce significant changes to the exemptions was due on 1st July 2005, but DEFRA cancelled the changes 2 days before on 29th June 2005. This would have introduced a list of specific types of wastes that could be composted, the ‘riskier’ the waste type greater the control measures required, lower and tighter quantity limits and fees payable. (I feel if the Government had decided to implement these changes instead of pulling them at the last minute, we would have seen the current bad practices of some Howdenshire composters significantly reduced if not totally eliminated).

The composting exemptions are now being reviewed as part of a wider exemption review, with consultation on the changes due soon which will include draft regulations indicating that composters will require full permits from the Environment Agency. Unfortunately this means the earliest implementation date would be April 2009.

Evidence was also provided showing the greatest number of complaints against composters where concerning composting of animal by-products rather than green waste by a 5:1 ratio.

“I feel during the next year the ERYC is rolling out the brown bin project to collect green garden waste, this waste will be composted down by our partners and made available to farmers to spread on their land. In this respect the council has an opportunity to set the benchmark in composting green waste for others to aspire to.

I felt the committee took the opportunity to look into the agricultural composting industry, if in the future the Council and partner agencies, with new Government legislation, can find a way of ensuring that composters get the processes right and a rigorous and fair regime of regulation is imposed and conformed to… then we could have an agricultural composting industry that is right for the East Riding and sets the benchmark for others to aspire to in this area too”.

The following four recommendations and actions were agreed by the committee:


(1) That the existing regulatory regime of exemptions from waste management licensing for composters, including those which compost animal by-products as a raw material, are a serious cause for concern.

(2) That removing the above exemption would improve the level of control imposed on composters by ensuring that they comply fully with waste management licensing requirements and by bringing them within the scope of the planning regime.

(3) To write to Joan Ruddock MP, Parliamentary Under-Secretary of State (State Climate Change, Biodiversity and Waste) requesting that she consider as a matter of urgency the exemptions for composters which include animal by-products as a raw material within the review of the waste management and Environmental Permitting regime.

(4) All unanswered questions the committee members had relating to the composting industry be forwarded to the three agencies for a report to be provided in response.

Call for a review of composting business rates

The following is taken from the Composting Association website which makes very interesting reading

It has been found that many composting businesses are not paying rates because of confusion about the system. This comes from the fact that traditionally composting was done for personal use but now increasingly composting businesses are working with local authorities and catering companies to provide food waste and green waste recycling services and these are counted as "rateable activities".

A spokesman from the Valuations Office Agency (VOA) said "There is nothing new here - all non-domestic property is rateable (including composting sites) and always has been. As and when the VOA becomes aware of composting sites, these are added to the rating lists."

The VOA has said they will backdate any missed payments from composting companies to 2005, which could have a very negative impact on smaller companies. In response to this and the fact that rates are dependent upon the size of land, facilities and location, rather than the amount of revenue the company makes, the Composting Association believes that the rates system should be reviewed.

http://www.compost.org.uk/content/view/802/311/

Christmas Stink for Spaldington Residents

With David Davis MP in Spaldington with Compost maturation heap in the background

At a meeting with Spaldington residents today I was informed that yesterday morning (Sat) the local composter had been removing 'composted' material from his farm buildings to maturation heaps in the fields near his farm. These movements are thought to have caused the foul smell that engulfed the area. I was also informed that the composter gave a two fingered greeting to the residents as they slowed their vehicle to observe what was happening.

The meeting was after I’d received a number of calls and emails from Spaldington residents regarding the smell being generated by the movement of this so called compost, especially on a Saturday so close to the Christmas holiday.

I have subsequently spoken to Environment Agency and also the ERYC Public Protection.


The current position regarding composing in the Spaldington Area

At the beginning of November I attended a meeting with a number of Spaldington residents and Jan Davie, the Environment Agency’s Environment Manager for East Yorkshire. This was a very productive meeting where the Agency was able to provide feedback on their activities and listen to the concerns of the community.

The Agency have since began a full audit of the composting and land spreading activities carried out at a Spaldington Farm which is to include an investigation of the types, quantities and source of all the material taken in over the last twelve months. Although some of the concerns relate to animal health issues and the risks associated with importing animal wastes into a farming area, which are not directly under the control of the Environment Agency, assurances have been given that the Agency are in regular contact with the Animal Health Agency (formerly the State Vets Service) and are committed to raising residents concerns.

A working group consisting of those agencies with regulatory responsibility for the composting industry has been established, these include representatives of ERYC’s Planning, Animal Health and Environmental Health, the Animal Health Agency and the Environment Agency. It is acknowledged that it is vital these organisations work together in this area to deal with residents concerns. This group met for the first time on 28th November.

It has been confirmed that ERYC Environment and Transport Overview and Scrutiny Committee is have the opportunity to scrutinise the regulation of the Agricultural Composting issue as per the motion at it’s meeting to be held in March.

Composting Motion unanimously approved

My composting motion to the full meeting of East Riding of Yorkshire Council was today approved by a unanimous decision. I would like to thank my fellow Councillors from all parties for their support.

I would also like to acknowledge the help of ERYC officers for their help and guidance in bringing this motion forward.

Hopefully the review of the composting industry will now take place in the early part of next year.

But today was only the beginning of the process to ensure that the Composting Industry is rigorously monitored and the regulation of the processes, especially the range of material composted, the geographic origin, the storage, and the days and methods of spreading are brought out into the open, that the composters conform to ALL regulations, and that the rights of local residents are paramount.

Also see the story in today's Yorkshire Post at the following link:

http://www.yorkshirepost.co.uk/localnews/Food-waste-composting-39could-put.3485810.jp

Composting Update - motion to East Riding of Yorkshire Council

Continuing from the previous post...... I have tabled the following motion to the East Riding of Yorkshire Council's Full Council meeting to be held on Wednesday 14 November 2007

That this Council asks the Environment and Transport Overview and Scrutiny Committee to look at a review of the agricultural composting industry as a matter of urgency and how this affects the East Riding in particular. The review should include the monitoring and regulation of the processes, especially the range of material composted, the geographic origin, the storage, and the days and methods of spreading

This should have the effect of bringing forward the review to look into this diabolical situation.

The press coverage of agricultural Composting in the Yorkshire Post has been very interesting this last few days and can be veiwed at the following three links:

http://www.yorkshirepost.co.uk/farming-news/Anger-over-a-new-kind.3439337.jp

http://www.yorkshirepost.co.uk/localnews/Compost-causes-problem.3414934.jp

http://www.yorkshirepost.co.uk/news/Scottish-compost-ban-fuels-call.3442538.jp

Many thanks to Chris Benfield at the Yorkshire Post for taking up this issue.

The Vile Stench of Composting Over Howdenshire Villages

Many people will have noticed the vile stench that is drifting over some Howdenshire villages, and has done for a while now. It appears that a small section of the East Riding is being blighted by the cumulative impact of 'so called' composters operating in and around Holme on Spalding Moor, Spaldington, Wressle and Brind.

A number of farmers operating around this cluster of Howdenshire Villages are taking in commercial waste to turn into ‘so-called’ compost. This process is in my view dangerous in the fact that animal by-products are being brought into the area from ‘who knows where’. Since the 2001 foot and mouth epidemic, which was blamed on contaminated meat in unboiled pig-swill, and in view of recent incidences of Bird Flu, Mad Cow Disease, and again foot and mouth, this unchecked movement of animal by-products is very worrying.

The ingredients used include; salad waste, feathers, egg shells (or hatchery waste), and wood chippings which are composted in sheds to a temperature hot enough to supposedly kill off dangerous bugs. The composted materials are then stored out in the open on maturation heaps, before being spread on the land and ploughed in during the planting season. A recent planning application saw a request to increase the ingredients to include; starch products, beef burgers, fleece trimmings, pet food by-products, bakery products (including pizza), tannery scrapings, prawn shells and sewage sludge.

I feel the East Riding of Yorkshire Council (ERYC) has given planning permission for composting assuming that this is a positive step in reducing landfill - although some people are saying in reality this process is more or less the same as landfill but spread only 9" deep. I don't think the Council realised exactly what the impact on communities was going to be, with some of the vilest smells now being produced by composters, and endured by residents.

The question of inspection, regulation and enforcement of composting is very confusing to many. The approval of premises to process and handle animal by products is granted by Animal Health, an agency of DEFRA. Other aspects of the whole process are dealt with by the Environment Agency and yet further aspects are considered by the Council. This is disjointed and wholly inadequate and I think a much more united and robust policing system is required.

Meanwhile, I think we must start to make the farmers tell us more about what is supposed to happen, especially the range of material composted and particularly the geographic origin, the storage of this so-called compost, and the days of spreading - so a different regime of enforcement can be applied.

I have requested the 'regulation of the composting industry' be looked into by ERYC Environment and Transport Overview and Scrutiny Committee. This is to happen early in the New Year.

http://www.yorkshirepost.co.uk/farming-news/Anger-over-a-new-kind.3439337.jp

The unacceptable stink over Howdenshire Villages

Having spoken to many people over the last six months or so in HOSM, Spaldington, Eastrington, Bubwith and Wressle – one of the issues that has been constantly brought to our attention is the horrible smells drifting over local communities when the wind is in a certain direction, and when spreading (of what is assumed to be composted material) has been carried out on surrounding fields.

Although numerous people sought to add that they are not adverse to country smells, but the smells experienced are more than what is to be expected.It is widely acknowledged that composting is a positive step in reducing landfill - and if done correctly there is an acceptable smell associated with the process and the spreading of the composted material, but if not the smells can be severe.

We have a situation in Howdenshire where many composters have set up in a localised area, (some of which cause the obnoxious odours) with the cumulative impact on those communities being unacceptable, it is ruining people’s quality of life... and something must be done.

Your concerns appear to be in a number of areas; not only the smell associated with the composting process and the spreading of the composted materials on farmland. Damage is caused to narrow country lanes by the transportation of the composted material to the fields, and also the issue of HGV traffic through villages delivering the raw materials to the composting facilities.

"I feel that it is essential that all composting sites be regulated, with the responsibility for this regulation being with Environment Agency, which issue permits for each facility. Composting sites must then be inspected regularly to make sure there is compliance with the strict conditions imposed.

We must work with the composters, the Environment Agency and ERYC Public Protection to improve the present situation. It is not acceptable for composting to have such a negative impact of people’s quality of life, where they cannot open their windows or go outside, and clothes have to be re-washed to take away the smell".

In the short term the most important thing when you notice the smell is for as many people as possible to report this directly to the Environment Agency Emergency Hotline on: 0800 807060 (insisting that your call is logged), and it would be helpful to also inform ERYC Public Protection on 01482 396209