Monitoring of controversial landfill site and legal challenge costs council £170,000

Bruce Sinclair, local democracy reporter

Pembrokeshire County Council’s monitoring of the controversial Withyhedge landfill site and unsuccessful legal challenge cost it nearly £170,000, councillors heard.

Last October, Pembrokeshire County Council went to court to seek an interim injunction against operators RML after asking it to give a legally binding undertaking to stop the odour coming from Withyhedge Landfill, near Haverfordwest.

The legal action came after months of residents complaining of foul odours and potentially harmful gasses coming from the landfill site.

Nuisance

A circuit judge found that the tip was causing nuisance, but believed that the council had gone about its application in the wrong way, refusing to grant an interim injunction.

The authority’s legal counsel had recommended the council appeal that decision, but this was not done due to costs involved and the situation at the tip had improved.

A report, presented by Cabinet member for Residents’ Services Cllr Rhys Sinnett at Pembrokeshire County Council’s March 6 meeting, said: “Although our legal counsel did not believe this decision was correct and recommended an appeal, the Authority was in a difficult position when considering the costs of appealing and the costs outlay already incurred for taking the court action, as well as the provision of independent air quality monitoring and officer time dealing with this issue.

“This was due to the potential financial exposure considered against the fact that a marked improvement in the situation has been noted. We would like to stress that it is firmly believed that the legal pressure the council had placed on the operator in the period from April to October 2024 had a significant impact on the efforts and pace of the remedial works undertaken by the operator.

“Legal costs were ordered to be paid by the Authority in the sum of £169,110.87, although the actual sum was reduced by agreement to £100,000.”

Financial implications

The report also detailed other financial implications for the council: “Costs for air quality monitoring, legal and ancillary costs for translation of reports and some staff overtime in out of hours monitoring total £166,544 [to date]. This figure includes the additional static monitoring until 31 March 2025.”

Members heard that complaint numbers to Natural Resources Wales (NRW) and PCC have been low since early January 2025 when waste tipping started again, other than a peak in mid-January from a Ricardo static monitor located at Spittal School, but were “not considered to be emanating from the landfill site,” with site inspections “indicating that the operator is following revised waste acceptance procedures which have previously been reviewed and accepted by NRW”.

Funding from Pembrokeshire County Council and Natural Resources Wales has been secured to allow the air quality monitoring via the static monitor at Spittal School to continue until March 31, but would cost £57,215 for an extra year, members heard.

Members agreed to note the report and to continue the air quality monitoring at Spittal school, reviewed on a quarterly basis, dependent on air quality results and the level of community odour complaints received.