Pembrokeshire County Council spokesperson said: “The Authority received advice from counsel on our legal options in relation to ongoing Withyhedge landfill odour complaints. It underlined that the best course of action for the Authority was to seek an interim injunction due to the widespread community impacts from the odour emissions.

“At a hearing on 21 October 2024, a Circuit Judge considered the Authority’s evidence and found there to be a nuisance. However, he held as a matter of law that in his opinion the Council should have first served a notice under the Environmental Protection Act 1990 (EPA). Our legal counsel did not believe this decision was correct and recommended an appeal.

“While we strongly believe that the Court’s decision was wrong, the Authority is in a difficult position when considering the costs of appealing and the cost outlays already incurred for taking the court action – as well as the provision of independent air quality monitoring and officer time dealing with this issue.

“A decision not to appeal the refusal to grant an interim injunction has therefore been made on the grounds of public interest. This is due to the potential financial exposure considered against the fact that a marked improvement in the situation has been noted.

“It is strongly believed that the legal effort of the council through this route has been a contributory factor in influencing the extent and pace of the remedial works undertaken by the operator.”

It is strongly believed that the legal effort of the council through this route has been a contributory factor in influencing the extent and pace of the remedial works undertaken by the operator.

Public Health Wales is continuing to evaluate air quality data, to improve our understanding of the potential for harm to health of people living around Withyhedge landfill site. This air quality monitoring began in the spring of 2024, after Natural Resources Wales received large numbers of complaints from members of the public about smells linked to the site. 

Our most recent health risk assessment is based on data from a number of sources and time periods.  Data collected at the Spittal School monitoring station between 4 November 2024 and 26 January 2025 showed eight occasions when hydrogen sulphide concentrations in the air were above the 30-minute World Health Organization (WHO) odour annoyance guideline value (5ppb / 7ug/m3).

We have also reviewed air quality monitoring reports (8, 9 and 10) by Geotechnology at other sites in the community between 17th September and 3rd December 2024. These monitoring data have not recorded any occasions when hydrogen sulphide concentrations in the air were above the WHO odour annoyance (5ppb / 7ug/m3) level. Air monitoring undertaken by Geotechnology using diffusion tubes has not identified levels of hydrogen sulphide above longer term guideline (1ppb – based on a lifetime exposure).

These data indicate that the long-term (lifetime) health risk remains low. However in the short term we understand that bad smells in your community can be upsetting and even at very low concentrations, can lead to headaches, nausea, dizziness, watery eyes, stuffy nose, irritated throat, cough or wheeze, sleep problems and stress. This can happen even when the substances that cause the smell are not directly harmful to health. These are common reactions, and these effects should usually pass once the smell has gone.

Closing windows and doors when smells occur can help to stop them coming inside homes. Remember not to block windows or vents completely.  This is because they provide air to vent cookers or heaters and can help to control damp. Once an outdoor smell has passed, opening windows and doors will help get rid of any smells that remain.  

Multi-agency partners review and check monitoring data together. Public Health Wales then use it to inform a health risk assessment before sharing our conclusions with the public. The health risk assessment will continue to be reviewed and updated as more monitoring data is made available to us.

We recognise the real stress and anxiety that local people are under as a result of these smells.  However, Public Health Wales does not have regulatory responsibilities or powers around the management or enforcement of a site, including carrying out monitoring. We can advise regulators, the public and other partners, and contribute to public health risk assessments. 

Complaint numbers remain low, with daily reports typically ranging from zero to a few complaints. There was a slight peak in complaints around 19/20 January, which coincided with air quality exceedances at Spittal School.

Odour assessments were undertaken by NRW and PCC Officers in the communities around the landfill on the days in January when the highest number of complaints were received, and air quality exceedances occurred. No odours believed to be attributed to Withyhedge Landfill were detected as part of these surveys.  

The extent of offsite odour assessments undertaken is informed by incident reports, so if you smell a strong odour you believe to be coming from Withyhedge Landfill, please report it to us at the time you experience it.

Report a smell via our dedicated form or by calling 0300 065 3000.

Alternatively, report to PCC by emailing Complaints.withyhedgelandfill@pembrokeshire.gov.uk