Prosecution for Abatement Notice Breach at Anaerobic Digestor facility
Tue, April 05, 2022
Causeway Coast and Glens Borough Council has successfully prosecuted a person responsible for an Anaerobic Digestor Facility at Baranailt Road, Limavady for breaching two abatement notices at Limavady Magistrates Court, sitting in Ballymena Courthouse, on Friday 4th March 2022.
A guilty plea was entered by Mr William Gamble, with an address at Barron Road in Dunamanagh, for two offences under the Clean Neighbourhoods and Environment Act (Northern Ireland) 2011.
The offences related to a failure to comply with abatement notices issued by the Council in relation to noise and odour nuisance which affected residential properties in the vicinity of the anaerobic digestor. Fines totalling £4123 were handed down consisting of twos fines of £1750 for failing to comply with each of the abatement notices along with an order to pay £500 costs, £108 Court costs and £15 Offender’s Levy.
The Court heard that the defendant had failed to carry out works to abate the nuisance and prevent its recurrence between 19th December 2017 and 11th November 2019.
The Mayor of Causeway Coast and Glens Borough Council, Councillor Richard Holmes, said: “Council’s Environmental Health Department aims to protect residents living within the Borough where they are being unreasonably disturbed by nuisance. The department will issue notices where it is satisfied that nuisance conditions exist and will pursue any breaches through the Courts.
“This prosecution sends a clear message that operating outside the law will not be tolerated by Causeway Coast and Glens Borough Council, particularly when it causes adverse impacts to residents.”