Tribunal mandates council to disclose water test results for former chemical landfill

A judicial ruling has directed a local authority to furnish additional particulars concerning a disused landfill facility, which is suspected of having discharged chemical substances into a watercourse situated close to the designated Ironbridge World Heritage Site. The Stoneyhill location, situated close to Telford, served as an operational site for the erstwhile global chemical corporation Monsanto during the period from 1985 to 1991. A judicial tribunal determined that the council is obligated to disclose data pertaining to the site, following its initial refusal to provide such information to a community activist. Telford and Wrekin Council stated its intention to adhere to the ruling, asserting that details regarding the location “has been and continues to be” accessible via its official website. Monsanto ceased its business operations in 2016; however, investigations conducted at a different former facility of the company revealed concentrations of currently prohibited chemicals exceeding the advised UK thresholds by over 12,000 times. The defunct landfill facility was utilized for the disposal of industrial, commercial, and domestic refuse, alongside animal remains. A watercourse traverses the former Stoneyhill landfill, flowing onward into Coalbrookdale and subsequently into the River Severn. Notwithstanding the distinct bright orange hue of the soil and water within the stream, both Telford & Wrekin Council and the Environment Agency consistently asserted that this coloration stemmed from iron mining activities. The tribunal proceedings were initiated by Paul Cawthorne, a clergyman who became a citizen scientist, with the Information Commissioner’s Office (ICO) as the respondent. In July 2023, Mr Cawthorne had requested that the council disclose the outcomes of examinations conducted at the location. The authority declined to reply, asserting that the request fulfilled the legal criterion of being “manifestly unreasonable” under the Environmental Information Regulations (EIR). Subsequently, the vicar lodged a complaint with the ICO in November 2023, which affirmed the council’s choice not to reply. The authority contended it had received approximately 2,750 electronic messages from Mr Cawthorne between January 2022 and September 2023, and characterized his communication style as “aggressive” – allegations that Mr Cawthorne refuted. The ICO contested an appeal filed by Mr Cawthorne, prompting him to escalate the matter to a tribunal presided over by district judge Lindsey Moan. This body determined that the issues raised were not solely Mr Cawthorne’s, and that the phrasing employed in his correspondence with the council was “neither abusive, aggressive or harassing.” “The tribunal had some concern that the intent of the council was to close the door of any further request of the appellant about this site at all,” the judge stated. “There was no doubt that the requests were repetitious and persistent in requesting testing data but equally the information had not been provided.” Judge Moan further remarked that the provision of incomplete responses might have prompted additional inquiries from Mr Cawthorne. “If there are genuinely no concerns about the site, a pertinent question was why the information had not been released. “We do not have the council’s answer to that question.” A spokesperson for Telford & Wrekin Council indicated that the authority played no direct part in the appeal process, given that the decision originated from the ICO. “We will comply with the tribunal’s decision whilst also waiting to see if the Information Commissioner challenges the outcome.” “Information on Stoneyhill has been, and continues to be, available on the council website for public information.” An ICO representative confirmed receipt of the judgment and stated that it was under review. This report was compiled by the Local Democracy Reporting Service, which reports on local government and other public sector bodies. For further updates, follow BBC Shropshire on BBC Sounds, Facebook, X, and Instagram. Copyright 2024 BBC. All rights reserved. The BBC is not responsible for the content of external sites. Read about our approach to external linking.