When the Agency came knocking making threats about noise and dust from the export operations H Ripley turned to Beyond Waste for expert support. We successfully negotiated with the Agency the withdrawal of an Enforcement Notice, opting instead for the submission of a suite of documentation to evidence the commitment to its environmental credentials and the steps taken as a responsible operator and considerate neighbour. (The back story is that the export facility has been in operation a number of years but in recent times new flats were built on the quayside opposite which somewhat predictably became the source of complaints of 24 hour working but our client needed to work at the times when the ships could be loaded , Newhaven Harbour being tidal.)
Having submitted all required documentation including a Noise Mitigation Measure Cost Benefit Analysis, the local officers decided the documents were insufficient and re-served an enforcement notice against which they threatened further enforcement action for failure to comply including inviting the Managing Director to interview under caution.
On Beyond Waste's advice H Ripley appealed the notice on the basis that it was flawed as it was impossible to satisfy the Agency demands. Beyond Waste prepared the appeal documentation and opted for the matter to be addressed at a public hearing. Alan Potter, Beyond Waste's MD acted as advocate on behalf of the client in the face of a barrister and lawyer acting for the Agency, plus the two local Agency officers. While a lawyer was in attendance for the hearing they acted as observer, so legal costs were kept to a minimum for the client.
The Inspector found in our client's favour, quashing the enforcement notice and awarding costs against the Agency for unreasonable behaviour. This is a rare outcome at such appeals.
What our client said
"Beyond Waste really stood up to the Agency and won the day in the face of barristers, lawyers and Agency officers. I have no hesitation in recommending them to others and continue to use their services to assure compliance in our business. Few consultants in our sector are so well informed and up to date with current legislation and regulatory requirements."