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Council renews legal pressure on smelly landfill site’s owner

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

On April 26, 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.”

Business

Emergency work at Royal Lion Hotel given the go-ahead

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A PROMINENT Tenby hotel, which had an Urgent Works Notice served on it by the national park due to the unsafe condition of external windows, has been given the go-ahead for works.

The poor condition the Grade-II-listed Royal Lion Hotel has recently led to an Urgent Works Notice being served on it by the Pembrokeshire Coast National Park Authority.

Safety concerns have been raised in recent months by councillors and members of the public over the hotel, in the town’s conservation area, overlooking the North Beach.

A listed building planning application to reinstate the hotel’s windows was submitted to the authority by South Terrace Developments Ltd.

A spokesperson for Pembrokeshire Coast National Park Authority has previously said: “The Park Authority has served an Urgent Works Notice on the Royal Lion Hotel in Tenby.

“The owners acknowledge the risk posed by the windows and have proposed an alternative scheme to begin remedial works, having recently submitted a listed building application to reinstate the windows to the High Street and White Lion Street frontages.”

An Urgent Works Notice can be served by an authority which believes that a building is not being properly maintained. It gives the owner a specific time in which to carry out necessary works.

The plan for the hotel sought consent for replacement bays and windows, insertion of a new door replacing an existing window, and minor ancillary works.

As a consultee to the proposal, Tenby Town Council’s members sought more information as to the materials to be used for the replacement windows.

They were also concerned about the proposal to install a door opening on to White Lion Street.

It was pointed out: “The carriageway is narrow in this location and vehicles often mount the pavement to pass each other which could compromise safety of individuals using this door.”

A report for planners, recommending approval, said: “An Urgent Works Notice is in force with regards to the unsafe bay windows to the front elevation.

“The application relates only to the original hotel building with listed building consent sought for replacement bays and windows, insertion of a new door replacing an existing window and minor ancillary works.

“The proposed scheme is in keeping with the character of the listed building, and its setting in terms of design and form. As such, the application can be supported subject to conditions.”

The application was conditionally approved by officers under delegated powers.

The hotel was rebuilt in the late C18 and extensively altered 1853-4 when the façade was remodelled and raised a storey to four floors with two tiers of canted bay windows, the report for planners said.

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Business

Goodwick horse training school plans denied

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PLANS for a north Pembrokeshire equine training school for a business that doesn’t yet exist on some of the best agricultural land have been turned down by the national park.

In an application submitted to Pembrokeshire Coast National Park, Mr G W Richards sought permission for a 39-metre-long sand school for use in ‘breaking’ and training horses at Llanwnwr Farm, Trefasser, Goodwick.

An officer report, recommending refusal, said the proposed site was located “within an agricultural field which The Predictive Agricultural Land Classification Map identifies as Grade 3a land”.

It adds: “Best and most versatile agricultural land is defined in Planning Policy Wales as Grades 1, 2 and 3a. Land in grades 1, 2 and 3a should only be developed if there is an overriding need for the development. Officers consider that the applicant has not demonstrated an overriding need for the sand school to be located on agricultural land classified as best and most versatile. A recommendation to refuse planning permission is made.

“The proposal is to develop a sand school for use in ‘breaking’ and training horses. The Design and Access Statement states that this will allow the applicant’s son to stay within the area and develop a small business on the family farm. The business does not currently exist.

“The proposed use involving breaking and training horses is a use which typically requires a countryside location. In this particular case however, the proposal is for a business that does not yet exist and very limited information has been submitted to support the proposal.   In addition to the lack of justification for the use, Officers have significant concerns regarding the specific proposed location of the proposal. Planning Policy Wales Edition 12 section 3.58 states that agricultural land of grades 1, 2 and 3a is the best and most versatile, and should be conserved as a finite resource for the future.”

The application was refused on the grounds it would be “an unjustified development in the open countryside which would result in the loss of best and most versatile agricultural land (Grade 3A)” and “The proposed development is not considered to be well designed in terms of place as other land within the applicant’s control is available of a lower grade agricultural land value”.

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Business

Council considering enforcement action against unauthorised wedding venue

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BUSINESSMAN Rhys Owain Lloyd, and his partner Carys Elin Mair Davies have found themselves at the centre of controversy in recent days.

Their operations at Redberth Gardens in Pembrokeshire, where they are running an unauthorised wedding tipi venue, have caught the ire of local authorities and residents alike.

Now the council is considering formal enforcement action, it has been confirmed.

Despite being denied planning permission by Pembrokeshire County Council on April 23, the couple has forged ahead with their venture.

Weddings have already taken place at the venue on May 25, with another booked for June, locals said. Lloyd and Davies, both from Carmarthen, are brazenly advertising and accepting payments for weddings and music events under the guise of Serenity Garden, even though they lack the necessary wedding licence.

The properties they advertise for accommodation—safari tents and glamping pods—do not have the requisite planning permission. Furthermore, the lodges have not been signed off by building regulations, raising serious concerns about their ability to secure insurance for guests.

As if these infractions weren’t enough, ceremonies are conducted on a site not listed on PCC’s approved venue list. Adding another layer of complexity, the land used for these ceremonies is designated as a Site of Special Scientific Interest (SSSI) and is under investigation by National Resources Wales due to allegations of land grabbing from a local farmer, which has ignited a legal dispute.

Pembrokeshire County Council responded to the situation with a series of statements sent to the Pembrokeshire Herald by email.

Regarding planning issues, a council spokesperson said, “The planning application was submitted retrospectively following a planning enforcement investigation. The refusal of the application means we are considering formal enforcement action to remedy the breach of planning control.”

The council also noted that a separate planning application for an extension to the holiday accommodation, comprising three glamping pods and six safari tents, was withdrawn in May. “An indication was given that a revised application would be resubmitted,” the spokesperson added.

In terms of marriage ceremonies, the council explained, “The venue applied to become licensed as an approved premise for ceremonies some months ago. As part of the licensing procedure, we require proof of planning and event consent. Neither of these were provided with the application, so we have proceeded no further, pending receipt of these documents.”

The council is aware that the venue continues to take bookings. “Any ceremonies currently taking place are not legal ceremonies or undertaken by the Registration Service; instead, they are non-legal ceremonies conducted by independent celebrants,” the spokesperson clarified.

The saga of Rhys Owain Lloyd and Carys Elin Mair Davies at Redberth Gardens is a stark reminder of the ongoing issues with unauthorised venues and the difficulties faced by local authorities in enforcing planning regulations and ensuring public safety. As this story unfolds, the community watches closely, awaiting the next move in this contentious drama.

Although there is no wedding licence, the council have confirmed that there is a current premises licence issued under The Licensing Act 2003 for the venue, authorising the sale of alcohol and regulated entertainment.

The Herald has tried to contact the business owners for comment.

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