RELUCTANT planning councillors have had to give the go-ahead for homes to be built next to a landfill site . . . even though they were warned it could be "unsafe."

But Bolton Council will not face legal action if "a house goes boom".

Planning councillors agreed in principle to renew permission for homes to built on two sites off Hypatia Street and Scowcroft Street - separated by the Hypatia Street landfill tip.

Environmental health and waste chiefs had recommended rejection because of the danger of "landfill gas migrating into properties and then reaching explosive levels".

The original planning permission was given 10 years ago before the dangers of landfill gas were known.

The council took top legal advice and were warned that they could have to pay compensation to a developer if they refused to renew it.

In addition, the council could be serviced with a purchase notice which would make the council responsbile for the long-term maintenance of the gas control system.

But landowner Mr John Charlton hit back: "The site is safe, tests have been carried out and there is no gas running through it. There are already houses much closer to the tip."

A final decision has been delegated by councillors to Mr Ray Jefferson, director of planning and engineering services.

But Westhoughton Liberal Democrat Cllr David Wilkinson asked at a planning meeting: "We don't have much choice, but how would we go on if a house went boom after we had given planning permission?"

He was told that there is a condition in the planning permission which draws the developer's attention to the fact that the site is next to the Hypatia Street landfill site.

It points out that "effluent treatment sludge, pit waste, asbestos, commercial domestic waste, construction and non-hazardous industrial waste" has been tipped there.

The report added that the site is producing 65pc methane gas and 35pc carbon dioxide.

Mr Richard Cowley, assistant director of planning and engineering services, said: "In the last 10 years, the standards for developing near landfill sites have moved on a lot."

Converted for the new archive on 14 July 2000. Some images and formatting may have been lost in the conversion.