The appellants maintained that suppression systems, sheeting on incoming wagons, water bowsers and other mitigation measures would avoid any dust nuisance from the site. But a neighbouring research and development company claimed that dust particles would threaten the quality of its testing conditions, forcing it to relocate to the USA.
The inspector was concerned that other local firms, including food and drink processors and a company producing mattresses for new-born babies, might also be susceptible to increased dust in the air. The appellants' assessment and control plans required continuous action to ensure that dust was kept to acceptable levels, she remarked.
Since the inspector could not be sure that the mitigation measures proposed would operate satisfactorily, she held that the risk to established businesses justified dismissal.
Inspector: Susan Holland; Hearing