Letter reproduced from The Chester Chronicle, Mold & Buckley Edition 18 February 2000
Human Rights Legislation should be used against kiln
READERS who oppose the local authority decision to allow the incineration of waste in Padeswood will be interested in recent judgements in the European Court of Human Rights.
In the case Lopez Ostra v Spain the local authority granted planning permission for the building of a factory.
A neighbour was affected by noxious fumes coming from the factory site. The European Court of Human Rights ruled the neighbour's experience was in breach of Article 8 of the Human Rights Convention.
The neighbour received compensation and the factory closed. The local authority claimed that giving planning permission had been reasonable, but had been overruled.
The Spanish authorities had also failed to implement domestic anti-pollution law.
In the UK, local authorities can issue an abatement order through the magistrates court where a site is causing a nuisance - in other words, releasing fumes, noise or in any other way causing pollution.
An individual can, without cost, also apply for an abatement order. In Wales, there seems to be a reluctance to use the Environment Protection Act Abatement Provisions.
Article 8 says: 'Everyone has the right to respect for his private and family life, his home and his correspondence.'
In similar fashion to the Spanish case, an Italian village used Article 8 against local government.
Although the village is a mile from a chemical plant producing fumes and gases hazardous to the environment, the local authority was found guilty of failing to provide the villagers with essential information relevant to their well-being, health and homes.
The Human Rights Court can be used now to seek legal remedy. The good news is that in October this year the Human Rights convention will become enshrined in UK law.
Section 6 of the British Human Rights law says local authorities will be liable for damages if they act in a way which is incompatible with a convention right. It has taken us 50 years to catch up with the rest of Europe.
JOHN ELLIS
Bryn-y-Baal
Mold