We believe that the air pollutants caused by the FM Conway Asphalt Plant have been linked to serious health conditions, including respiratory diseases, cardiovascular issues and an increased risk of premature death. Long-term exposure to these pollutants can lead to chronic illnesses such as asthma, lung cancer, and other respiratory complications.
We believe that Lewes District Council has the authority to take action under the following legislation:
1. Environmental Protection Act 1990:
Under Section 80 of the Environmental Protection Act 1990, local
authorities have the power to take action if a business, such as
the FM Conway Asphalt Plant, is causing a statutory nuisance by
emitting pollutants into the air. The council can issue an
abatement notice requiring the plant to cease or reduce emissions
that are harmful to public health.
If the plant fails to comply, the council has the authority to prosecute and, if necessary, take further enforcement action, including closure or restrictions on operations until the issue is rectified.
2. Clean Air Act 1956 and 1968:
These Acts give local authorities the power to take action against
facilities like the FM Conway Asphalt Plant that are emitting
harmful pollutants, including smoke, fumes, or gases. The council
can issue orders to control emissions, and in extreme cases,
prohibit or restrict activities that are harming public health.
3. Pollution Prevention and Control Regulations:
Under the Pollution Prevention and Control (PPC) regime (part of
the Environmental Protection Act 1990), Lewes District Council has
the authority to enforce emission standards for industrial
operations like those at FM Conway Asphalt Plant. If the plant is
violating its operating permit or exceeding allowable pollutant
limits, the council can impose fines, issue orders to reduce
emissions, or, in severe cases, shut the facility down until
compliance is achieved.
4. Air Quality Standards Regulations:
The UK is legally bound to comply with air quality standards set
out by both domestic law and international agreements. If emissions
from FM Conway Asphalt Plant are found to exceed these limits,
Lewes District Council has a responsibility to intervene to ensure
public health is protected.
5. Public Health (Control of Disease) Act 1984:
In cases where air pollution from the FM Conway Asphalt Plant is
deemed to pose a serious and imminent risk to public health, Lewes
District Council has emergency powers under the Public Health
(Control of Disease) Act 1984 to issue orders or take measures,
including facility closures, to prevent further harm.
6. Health and Safety at Work etc. Act 1974:
If the pollution from the FM Conway Asphalt Plant is putting the
health of workers or local residents at risk, Lewes District
Council has the authority, alongside the Health and Safety
Executive (HSE), to take enforcement actions to protect both
employees and the public.
Started by: Sam Ford (Protect the Environment and People of Newhaven)
This ePetition runs from 10/04/2025 to 31/05/2025.
92 people have signed this ePetition.