Council renews legal pressure against RML

Council renews legal pressure against RML

As part of our approach to jointly tackling the ongoing odour issues at Withyhedge with NRW, Pembrokeshire County Council is progressing with its legal challenge against RML.

On 26th April 2024, the Council asked RML to give legally binding undertaking to stop the odour coming from Withyhedge Landfill. If it refused, the Council expected RML to provide disclosure of documents, as a potential defendant to a claim for nuisance.

RML refused both to give undertakings or to provide disclosure. Therefore, on 20th May, the Council made an application for pre-action disclosure at Haverfordwest County Court. The Council will be asking the Court to compel RML to handover documents, which it believes are important to its claim for nuisance. The Council expect the Court to confirm a hearing date shortly.

In addition to pursuing the legal avenue our Public Protection team continues to undertake air quality monitoring and working in collaboration with our partners to do all in our power to address the situation.

Pembrokeshire County Council Cabinet Member for Residents’ Services, Cllr Rhys Sinnett has pledged to continue addressing the ongoing issue in Withyhedge as a top priority for the council. He said: “Our intention is to ask the Court for an injunction requiring RML to stop the odour nuisance arising from the landfill. Whilst we are pleased with the operators decision to completely seal off the cell (cell eight) causing the problem, and are genuinely hopeful this will resolve the problem, we remain concerned over future operations and cannot allow this situation to ever recur.

“I understand the frustration and upset that the residents living near the Withyhedge site have been experiencing – and the odour is simply unacceptable, and I am committed to working tirelessly to find a solution.

"Maintaining clean air is a priority for our community – and this Authority along with our partners – are committed to proactive pollution monitoring, and working closely with NRW and the site operator to ensure they move to a position whereby foul odours from the site impacting upon our communities are eliminated.

“Our monitoring is ongoing and will align with colleagues from NRW to gather information on air quality levels both from a health and nuisance perspective – including providing early morning and evening visits. Furthermore, and in partnership with NRW, more advanced static monitoring equipment has been commissioned and delivered for deployment next month

“In addition, we would like to work with as many residents as possible and encourage them to report any odour concerns they may have – this information is vital in helping us address the issue effectively."