THE company behind a controversial waste dump has been told to clean up or face legal action.

Selby District Council has served an abatement notice on Quantum Waste Management Ltd over an alleged smell nuisance at the former Sherburn-in-Elmet airfield.

Environmental health officers who served the notice on August 28 say the firm has three weeks to get rid of the smell problem if it wants to avoid legal action. But company managers say they plan to appeal against the notice, and insist there is now no smell at the site in Lennerton Lane, Sherburn-in-Elmet.

The council's legal moves were revealed at a meeting where councillors heaped criticism on Quantum Waste Management Ltd for running the site without planning permission.

The company, from Cleckheaton, West Yorkshire, has applied for planning permission to use the 4.82 hectare site to turn green waste from household waste tips into compost. But composting is already taking place at the site, even though no decision by the council has been made.

Residents of Sherburn-in-Elmet have complained to the council about the smell alleged to be coming from the site, which they claim is causing a nuisance. Coun Jim Snowball told Selby District Council's planning committee: "They seem to have scant regard for the community. I visited the site myself and the smell was absolutely nauseating. I couldn't get out of my car, it was so bad. It is shocking."

Principal environmental health officer Simon Parkinson said if the notice was ignored the company would be prosecuted.

Peter Andrew, director of Quantum Waste Management, said the company plans to appeal against the notice. He said that while the composting has not been approved by the council, it is permitted under an exemption put in place by the Environment Agency.

He said: "We are producing an excellent product. There was an issue with smell when we trialled taking chicken feathers, but we have now stopped taking them. Mr Andrews extended an invitation to councillors to go to the site and see the operation for themselves.

Updated: 15:13 Thursday, September 05, 2002