Lower Compton Landfill Site Odour Nuisance Claim

We are investigating a potential claim on behalf of households who have been affected by unreasonable odours alleged to come from the Lower Compton Landfill Site, located in Calne, Wiltshire, operated by Hills Waste Solutions Limited.

We understand the odour issues are widespread. At this stage, no claim has been commenced and we do not yet represent a group of residents. We are inviting affected residents to register their interest and provide information about their experiences.

A group action would bring together members of the community who have experienced significant interference with the reasonable enjoyment of their homes and gardens as a result of unreasonable odours. The claim would seek compensation for the amenity impact caused and redress aimed at ensuring that the site is managed with proper regard for the rights of neighbouring residents, this may take the form of an injunction to prevent further nuisance if unreasonable odour problems are ongoing.

We understand the site has been the source of persistent odour issues for a number of years, causing significant distress and impact on the quality of life for the local community.

Occasional odours are expected from landfill sites from time to time, and the court will not endorse a zero-tolerance approach. Instead it expects a level of give and take between neighbours.

The aim of a nuisance claim is to ensure that the site operates with due respect to its neighbours and without emitting excessive odour levels in the neighbourhood which limit neighbours enjoyment of their homes and gardens.

It is not the aim to close the site down or to cause job losses.

If you believe odours have significantly impacted your ability to enjoy your home, it is important to take action collectively. The greater the number of participants, the stronger the case and the more likely the operator will be required to act.

 

Could I be eligible to join the claim?

The claims are property based. You may be eligible if:

  • You are the legal owner or legal tenant of an affected residential property;
  • You occupied the property during the relevant period of unreasonable odours;
  •  You experienced a material impact on your enjoyment of the property due to nuisance including odours.

How our environmental solicitors can help

We have conducted cases in relation to some of the biggest landfill sites in the UK where smells have made people’s lives a misery. We are leading environmental solicitors specialising in group actions pursued by affected communities across England and Wales in relation to the nuisance caused by various waste, recycling and industrial sites.

Hugh James has been approached by a number of affected residents to investigate claims  residents may have against Hills Waste Solutions Limited, the operators of the Lower Compton Landfill site, for compensation for nuisance arising from the alleged odours and to take positive steps to ensure that the environment improves substantially/for the recurrent unreasonable odours to end.

Why choose Hugh James?

We are a firm of solicitors based in Cardiff, with offices across England. We are one of the UK’s leading specialists in environmental group actions. We help residents fight for the enforcement of their legal rights by seeking court orders to prevent further harm and for compensation for past losses of property enjoyment. We have successfully handled a number of high profile cases, including one of the leading nuisance authorities Barr v Biffa,  against some of the largest companies in the country.

Key contact

Rebecca Andrews

Senior Associate
Rebecca Andrews is a Senior Associate in the Group Actions team specialising in environmental matters. Rebecca acts for communities across England and Wales who are affected by various forms of environmental nuisance and homeowners of blighted properties, devalued by road or airport expansions, who wish to take action under Part 1 of the Land Compensation Act 1973.

FAQ's

There are various ways to fund a claim. You may have legal expenses cover with your insurance policies. In the absence of alternative means of funding, we typically act for groups of affected residents on Conditional Fee Agreements (CFAs), commonly known as ‘no win, no fee’. Further details on funding will be provided after you submit your no obligation enquiry and if you pass our risk assessment.

There are no upfront costs.

Compensation varies and depends on factors including the duration and severity of nuisance. Typical awards range from £1,000 to £3,000 per year of nuisance per household. The level of award will be determined by the court having regard to the evidence presented in the case.

For example, if you experienced nuisance for three years, and the court awards £2,000 per year, the total compensation would be £6,000. These figures are illustrative and not guaranteed.

Compensation may also include reasonable household expenses directly related to the nuisance, if supported by evidence.

Legal costs operate on a ‘loser pays’ principle meaning if legal proceedings are commenced and the case is unsuccessful the defendant is typically entitled to payment of its reasonable costs.

Insurance can be obtained to insure against such risks. This may be under your existing policies, or under a bespoke ‘After the Event’ policy. Further details on the mechanics of such policies will be provide if we are prepared to act, following risk assessment of your no obligation enquiry.

We would not advise you to commence proceedings without insurance.

If your claim is funded by a CFA that agreement will outline the costs payable if the claim is successful. This typically includes a success fee which is deducted from your compensation, up to a maximum percentage.

Details of fees will be provided if we are prepared to act but expect successful clients will receive at least 60% of compensation.

This percentage may be higher depending on factors such as how many people join the group and the stage when the matter concludes.

We will explain the full terms of the Conditional Fee Agreement to you before you sign, including any deductions, so you have a clear understanding of your position.

Timelines vary. We estimate an initial period of 12 months for correspondence with the site before proceedings are issued. Once court proceedings are issued a timetable is directed for conclusion of the claim. This can typically take 24 months in group nuisance actions like as this.

Please contact us as soon as possible to register your interest if you have been unreasonably affected. Our team will advise if any limitation deadlines apply.

Yes, if you lived in the affected property and experienced the nuisance within the last 6 years, you may still be eligible. Each case will be assessed on its individual merits.

How to register

Kindly submit your contact details below to receive a brief questionnaire aimed at capturing the specifics of your concerns (a link will be sent to you via email). Completing it should take no more than 10 minutes. Once you’ve filled it out, our team will reach out to you to discuss the next steps regarding your claim.

Next steps

We’re here to get things moving. Drop a message to one of our experts and we’ll get straight back to you.

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