Threat of legal action over ‘Table Mountain’ tip

Residents have been complaining since last year about the height of the tip at Newport, near Brough, in East Yorkshire, which has now been reduced, but is still “way above” the council-set limit.

They have now agreed to investigate using a firm of environmental lawyers to pursue a case for compensation for nuisance on a “no win no fee” basis because they feel let down by the authorities. A number have said they are willing to contribute to a fighting fund.

Coun Paul Robinson, who attended meeting of villagers, said there was unanimous support for the tip being closed and capped off. Residents believe the tip is still twice the East Riding Council’s permitted height of 10.5m. But the Environment Agency has agreed a “pre-settlement” height of 19.5m with the operators.

Coun Robinson said: “Over the last month the level of the tip has been reduced slightly and the top levelled as a result of enforcement action by the Environment Agency, meaning that the villages of Newport and Gilberdyke are overlooked by their very own Table Mountain, reaching up into the sky to a height over twice the permitted level in the council’s planning consent. So we have the unbelievable situation where the Environment Agency has enforced a height on the tip that is way above the legal limit of the planning consent – in the eyes of many it appears the agency has acted unlawfully.”

Newport Parish Council chairman Roy Hunt said: “The option of legal action is at an early stage, but solicitors have been contacted who are in the process of obtaining information and documentation from a range of sources, including the Environment Agency and the East Riding Council”.

Environment Agency regulator Matthew Woollin said a discrepancy in heights set by different authorities was “not unheard of.” He added that, if there was one, the operator “should operate to the tighter standard and it is the responsibility of the relevant authority to enforce its condition”.