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County Court holds first remote hearing

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by Tess Delaney

THE FIRST hearing to be held under Coronavirus distancing rules at Haverfordwest County Court last Friday upheld the right of access needed by Chrystia and Keith Hertogs to run their sustainable holding in Llanycefn.
The court considered whether the holding’s use of the historic stone road from Rhydwilym towards Maenclochog and Llanycefn, was limited by the public bridleway rights that also make use of the same road.
The hearing ended with all parties agreeing that the Hertogs’s holding has ‘the right of road or way’ along the stone road, ‘at all times and for all purposes’, with an injunction in place to protect their use.
Chrystia Hertogs explains: ‘Local roads like this one have many uses, added over centuries of local history. Farms and houses often have private rights of access, which are in no way reduced or limited, by the road’s also later being designated as a public bridleway.’
Groundwork contractor John Llewellyn from Crymych, who was a remote witness in the hearing, commented: ‘I was born in Glan Rhydwilym. I know that whole area like the back of my hand. Those upper fields of Dolfelfed farm were always run, using that stone road.
“I went to school, and to friends’ houses, along it. My sister’s best friend went to school at Nant-y-Cwm, and lived at Cefn Mwynant.
“Aged 17, I drove out hay myself, from the fields of Keith’s holding, over the same stone road.’
Mr Mark Dyson, a retired planning lawyer, acted as McKenzie friend (legal supporter) to Dr Hertogs.
“My own view,” said Mr Dyson, “is that, since we are at the tipping point into massive climate catastrophe, access to land should urgently be made easier for the increasing number of people who want to do the work of sustainably improving soil carbon, and planting trees. These are now mainstream aims of Wales and UK policy, and I’m pleased with today’s decision.”
Keith and Chrystia Hertogs find, after ten years of regenerative agriculture, tree-planting and use of local biomass to improve the depleted pasture soil, that salad, fruit, and vegetable crops now produce well.
“The United Nations’ Farming and Agriculture Organisation estimates that 30% of the world’s soils are degraded, so Wales is not alone in needing regenerative action.” Keith said.
He continued: “European farm soils were formed during millennia of tree-cover, and have now been used for a couple of centuries without replenishment. Regeneration re-creates soil from planted trees, nitrogen-fixing perennials, green manure, sustainable, brief, grazing rotation, and silvipasture.”
The Welsh Government’s target is to plant 1000 km2 of new trees, an area about the size of Pembrokeshire, by 2030, spread throughout Wales.
Dr Hertogs said: “The Welsh Government’s sustainability policy, ‘One Wales, One Planet’ is uniquely forward-looking. It’s strongly based on environment and economic evidence, not the wishful dream of limitless consuming, exceeding global resource limits, which is – right now – destroying our planet.
“The policy’s One Planet Development thinking, deserves to change the norm, to provide low-impact work, housing, and new food-growing by ordinary people across Wales.’
“One Planet Development fits perfectly with the work I did in the NHS, encouraging physical work and healthy food, to help people avoid diabetes and heart disease.”
During their delivery round of greens and salads, Keith and Christyia havre found many local people, including young people, have started growing their own during the coronavirus lockdown.
Keith concluded: “This is exactly the time for all of us as new, successful gardeners, to plan and plant trees and nitrogenous bushes, so we can feed our soil, keeping it healthy and productive for future generations.”

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Welsh Lib Dems urge First Minister to return dodgy donation

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THIS week in the Senedd, the Welsh Liberal Democrats have urged the First Minister to return the £200,000 donation he received from a company linked to environmental crimes.

Speaking to the Senedd on Wednesday, party leader Jane Dodds MS urged FM Vaughan Gething to return money donated to his campaign by Dauson Environmental, a refuse and recycling business owned by David John Neal.

Mr Neal received a 3-month suspended prison sentence in 2013 for illegally dumping waste at a conservation site on the Gwent levels.

His companies Atlantic Recycling and Neal Soil Suppliers were also prosecuted and given fines and costs of £202,000.

Then in 2017, Mr Neal was given another suspended sentence of 18 weeks, with fines and costs of £230,000 after failing to remove the waste.

The Welsh Lib Dems have called on the FM to return the donation, as part of wider calls for a shift away from the influence of “big money” in Welsh politics.

Commenting, the Leader of the Welsh Liberal Democrats Jane Dodds MS said:

“This entire episode has casted a dark shadow upon Welsh democracy and has rightfully led to many questioning the integrity of Vaughan Gething’s leadership campaign and the way our democracy works here in Wales.

Unfortunately for many of us this is hardly surprising, as our political system has been broken for quite some time now.

A system that empowers the elite donor class whilst simultaneously shutting out the voice of the voter is a perversion of democracy itself.

This is why our wider goal must be to remove the influence of ‘big money’ from Welsh politics once and for all.

We cannot have another government that prioritises the interests of its financial benefactors over those of the Welsh people.

We need to take a firm stance in rooting out the influence of cash in Welsh politics, for the sake of our communities we must start prioritising their interests and needs instead of having more self-serving politicians.”

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Council seeking legal advice to address Withyhedge enforcement

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PEMBROKESHIRE County Council says it has sought legal advice and is contemplating legal proceedings against Withyhedge Landfill operators RML, in regards to the ongoing odour issues at the site.

The Council intends to ask the Court for an injunction requiring RML to abate the public nuisance odour arising from the landfill. Failure to comply with the injunction would be contempt of court, which carries a penalty of up to two years’ imprisonment and unlimited fine.

Following significant work undertaken by RML the Authority is disappointed that the problem has not been resolved and residents continue to be impacted by the odour.

Working in collaboration with Natural Resources Wales (NRW) and Public Health Wales (PHW), we fully appreciate that the communities affected cannot tolerate this any longer.

NRW announced that the first set of deadlines for the completion of actions to tackle the ongoing odour issues at Withyhedge Landfill have been met, one week on following the issuing of further enforcement action on 18th April.

This will be closely monitored by NRW to ensure the operator complies with all the actions set out in Notice by 14 May.

It was deemed appropriate to wait until the operator had carried out mitigation to comply with the enforcement requirements by NRW prior to considering this additional action.

To that end, on 26th April 2024, the Council served RML with a letter of claim and invited them to give legally binding undertakings to abate the odour nuisance or face legal proceedings. The Council also asked for disclosure of documents relevant to the proceedings, including records of waste brought in or removed from the landfill.

The Council has given RML until 14th May 2024 to respond to its letter of claim. This aligns with the current deadline set by NRW under its enforcement notice.

Pembrokeshire County Council Chief Executive Will Bramble welcomed the move. He said: “We are extremely disappointed that RML has not delivered the necessary action to stop the completely unacceptable smells from the site.

“We fully support the additional enforcement action being taken by NRW and continue to work closely with them to do all in our power to correct the situation.

“Our intention to ask the Court for an injunction requiring RML to stop the odour nuisance arising from the landfill, is another part of our collaborative approach. The smell from Withyhedge is having a major impact on residents and visitors. This situation has gone on too long and it is unacceptable.”

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Beautiful, funny and lovely: Family pay tribute to Sian Batchelor

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THE family of a woman has paid tribute to a “beautiful, funny, lovely person.”

Sian Batchelor, aged 32, was found on a beach near Pennar, Pembroke Dock on Tuesday evening, April 30th, 2024.

Her family has issued a statement to say: ‘We are devastated by our loss. Sian was a beautiful, funny, loving person. We will treasure the good times we had with her.

“We would now like time to grieve and would ask to be given privacy in which to do so.”

The circumstances surrounding Sian’s death are being investigated and police would like to hear from anyone with information, sightings of Sian or contact from Sian, between Thursday April 25 to Tuesday April 30.

Police can be contacted either online at: https://bit.ly/DPPContactOnline, by emailing [email protected], or by calling 101. If you are deaf, hard of hearing, or speech impaired text the non-emergency number on 07811 311 908.

Quote reference: DP-20240430-284

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