Bidwell Metals Ltd, the scrapyard that has been in Clandown for over fifty years, is set to close following action by the Environment Agency.

Bidwell Metals Ltd has reportedly had a difficult relationship with its neighbours in recent years, with activities causing complaints from nearby residents about excessive noise. The company holds an environmental permit, but the Environment Agency say it was waste activities carried out under a system known as ‘exemptions’ that caused a nuisance.

Most of the noise came from an aluminium shredding machine, but there was also noise from forklift trucks, angle grinders and mechanical grabs. Up to ten local properties were affected, three very seriously.

In February 2016, Bidwell Metals Ltd was informed by the Environment Agency that its waste exemption activities were being de-registered and would therefore have to stop. The decision was taken after the Agency’s national noise expert, Jon Tofts, visited BML and concluded the noise nuisance was the ‘worst he had ever experienced in his career’.

The company challenged the decision, and applied for a judicial review. It argued the Agency had incorrectly applied UK and EU law and that the company had acquired a ‘prescriptive right’ to cause a noise nuisance because of the length of time the business had been in existence. It also alleged the Agency had failed to consider BML’s property rights under Human Rights law.

The Environment Agency says this is the first time it has had to take such action against a waste site because of the extreme levels of noise pollution.

A judicial review was set for 19th to 20th October 2016. On the first day of the hearing at Bristol High Court, Bidwell Metals Ltd withdrew its claim after the Agency agreed to postpone enforcement action in return for the company agreeing to the following Consent Order, the conditions of which are for BML to cease trading under its permit and exemptions at the site by 30th April 2017 and, as far as reasonably practicable, clear the site of all waste and scrap metal and inspect and clear site drainage and interceptors by 30th June 2017, inspecting the condition of the site and make good any polluted areas by 31st October 2017.

Pete Hart, from the Environment Agency, said: This is a great outcome for the environment and people and shows the Agency is prepared to take firm action against those whose operations are simply in the wrong place and cause misery to local people.

“We tried to bring about change at this site through advice and guidance, and did a great deal of noise assessment to quantify and characterise the extent of nuisance.

“Eventually, we were left with no choice other than to put a stop to the exempt operations that were causing so much noise pollution.”

If Bidwell Metals Ltd fails to comply with the Consent Order, the Environment Agency can take action against it for contempt of court. Bidwell Metals has declined to comment on the decision.