Gething’s donor ‘is not a fit and proper person to run landfill site’

Martin Shipton

A company run by the environmental criminal who donated £200,000 to former First Minister Vaughan Gething should not be allowed to vary conditions at a controversial landfill site because he is not a fit and proper person, according to an objection lodged with Natural Resources Wales.

NRW says it is minded to approve a request from Cardiff-based Resources Management UK to make changes to its environmental permit relating to the Withyhedge landfill site in Pembrokeshire, and is seeking feedback from communities.

The operator’s application proposes several changes to the existing permit, including:

* Changes to the planned shape of the land once the landfill is capped;

* A modified management and monitoring programme for groundwater, surface water and leachate;

* The addition of 50,000 tonnes of waste soils for restoration under a new Waste Recovery activity; and

* Consolidation and modernisation of the permit, including a review of existing improvement conditions and pre‑operational conditions

NRW considers the proposed changes acceptable and likely to help the site operate without harming the environment or local communities.

But there a concerned local resident who does not wish to be identified has submitted a formal objection, stating: “I am writing to formally record my objection to the proposed permit variation for Withyhedge Landfill. This is on the grounds that the operator and its controlling leadership fail to satisfy the ‘Fit and Proper Person’ test as required under the Environmental Permitting Regulations. Specifically, the published regulatory record suggests the applicant lacks the technical competence and compliance history necessary to safely manage the proposed increase in waste activities.”

The resident goes on to set out the reasons for the objection:

1. A history of systemic non-compliance (2004–2026)

The “controlling mind” of the Dauson Environmental Group, David Neal, has a documented history of environmental and regulatory failures spanning over 20 years. This record demonstrates a chronic pattern of disregarding environmental law across multiple corporate entities:

Japanese Knotweed Prosecution (2004–2006): Neal Soil Suppliers Ltd was prosecuted for the illegal disposal of soil contaminated with Japanese Knotweed and subsequently withdrew its waste management licence application after failing to meet regulatory standards.

Gwent Levels SSSI [Site of Special Scientific Interest] (2013 & 2017): David Neal and his companies (Atlantic Recycling and Neal Soil Suppliers) were convicted of illegally dumping toxic waste on the Gwent Levels SSSI. This resulted in two separate suspended prison sentences and over £430,000 in fines and costs after the operator failed to comply with original cleanup orders.

Watercourse Pollution Risks (2024): Investigative reports by Channel 4 Dispatches and Nation.Cymru have highlighted that NRW internal assessments identified the Withyhedge landfill as a “potential contributor” to pollution in the Eastern Cleddau river. This raises serious questions about the current secondary containment and leachate management systems, which are situated near several high-value SSSIs.

Persistent Fire Safety Failures (2014–2026): Atlantic Recycling experienced serious fires in 2014 and 2015. Despite these warnings, the company was convicted in January 2026 for criminal breaches regarding the unsafe stockpiling of combustible waste—breaches the court noted “cut corners” for financial gain.

2. Impact on Vulnerable Receptors: Spittal School

The ongoing failure to contain fugitive emissions has directly impacted Spittal School, a primary vulnerable receptor. Monitoring in 2024 and 2025 confirmed that hydrogen sulphide (H2S) levels at the school exceeded WHO air quality guidelines. Permitting an expansion at a site unable to protect a primary school within its immediate vicinity would contravene NRW’s duties under the Well-being of Future Generations (Wales) Act 2015.

3. Management Competence and Fatalities

Under the “Management Competence” requirement, NRW must assess the operator’s ability to maintain safe systems. The Dauson Group’s record is catastrophic:

Fatalities: Two workers have been killed at the group’s Rumney site in the last five years (Anthony Bilton, 2019 and Kyle Colcomb, July 2024).

Regulatory Conclusion: Based on the findings of the HSE and previous court rulings, an operator that has repeatedly failed to separate heavy machinery from its own staff (leading to two deaths and a £300,000 fine) fails to demonstrate the requisite management competence to manage the proposed expansion.

4. Impact on Property Values and Resident Wellbeing

The persistent malodour has had a profound impact on the local community:

Property Devaluation: Residents report a significant loss in property saleability and valuation. Academic research indicates that proximity to active landfills can reduce property values by up to 7%, with “stigma damages” persisting for years after closure.

Mental Health: Chronic exposure to landfill gas is a source of environmental stress and sleep deprivation, falling under the Human Rights Act 1998 (Article 8: Right to respect for private and family life).

5. Cumulative Burden on the Public Purse

The operator’s failures have shifted significant financial liability onto the Welsh taxpayer:

Local Costs: Pembrokeshire County Council has reported costs exceeding £266,000 for air monitoring and legal challenges.

The £16m Landfill Tax Dispute: Public records from late 2024 and 2025 reveal that Neal Soil Suppliers was at the center of a £16.2m landfill tax dispute with Cardiff council and HMRC. The council is now forced to borrow millions to settle this liability—a debt that will cost taxpayers roughly £2m per year for the next decade, potentially leading to cuts in frontline services.

Granting this variation risks creating the perception of a ‘pay-to-pollute’ culture. This application stands in stark contrast to the strategic direction of the rest of the UK; in Scotland, a ban on biodegradable municipal waste to landfill has prioritized environmental health over legacy infrastructure.

‘Growing concern’

The submission concludes: “There is a growing concern that the real challenge for NRW and Pembrokeshire County Council is not the rigorous protection of public health and environmental standards, but rather how to navigate the significant body of evidence regarding odour nuisance, the potential for watercourse pollution affecting the Eastern Cleddau river and nearby SSSIs, and historical operational failings, while attempting to permit the continued operation and potential expansion of the site.

“Given the 22-year history of non-compliance, the worker fatalities, the destruction of local property values, and the risk to children, the only safe and lawful course of action is to refuse application PAN-025929 and look toward closing the site. The evidence provided here suggests that there is still significantly more regarding this operator’s multi-decade track record and its impact on the public purse that warrants further investigation before any regulatory expansion is even considered.”

Wednesday March 25 was the final day to make submissions to NRW about the application.

Nation.Cymru’s revelation that Neal had donated £200k to Vaughan Gething’s Welsh Labour leadership campaign, coupled with Mr Gething’s admission that he had deleted messages from a ministerial chat during the Covid crisis to prevent their disclosure under FoI, were the factors that ensured his time as First Minister was short-lived.