No key witnesses for the prosecution wished to give evidence at a trial and so the holiday park was cleared
Diggers on the site where the Fontygary waste dump is located(Image: Anonymous source )
A holiday park has been cleared of having illegal rubbish dumped on their land despite local anger. Residents who live near Fontygary Holiday and Leisure Park in Rhoose had complained about what was described as a “mountain” of waste in a field next to the caravan park for years.
It resulted in Natural Resources Wales (NRW) investigating reports of construction and demolition waste at the site.
They determined the waste mound was having an adverse impact on biodiversity in the area, which is designated by the Vale of Glamorgan Council as a site of importance for nature conservation (SINC), and a notice was served on the landowner to remove the waste which expired in July 2023.
Fontygary Parks Ltd director Tim McIlveen denied claims the waste had been imported from other sites and said they intended to use it for future projects. Don’t miss a court report by signing up to our crime newsletter here.
The site received correspondence from NRW telling them to remove the waste as quickly as possible but it wasn’t removed Fiona Hourihane, operations manager for NRW, said.
Failure to remove the waste led to the site being charged with depositing with an environmental permit controlled or extractive waste in or on land and the case was sent to Cardiff Crown Court for a trial date scheduled for November 3.
An aerial photograph showing the location of the waste mound next to Fontygary Holiday and Leisure Park (Image: Anonymous source )
But Christopher Evans, appearing on behalf of the Crown Prosecution Service in the case on Monday, told Judge Eugene Egan the prosecution had no evidence to put to the company because no key witnesses wanted to give evidence at trial.
Mr Evans said: “The trial was listed for November 3 but following careful review of the case as a whole, the evidence and the evidential issue, the decision has been made to offer no evidence on the indictment in respect of the single count.”
Judge Egan asked Mr Evans: “What has changed given the limited company was charged for this matter having been suspected of dumping 8,000 tonnes of waste at the site?”
Mr Evans replied: “One of the key issues was key witnesses not wanting to give evidence which is a key issue in the case. All options have been carefully considered and this has been deemed the most appropriate course of action.”
Judge Egan said: “There we are then. The crown is offering no evidence in the case and so I enter a not guilty verdict across the indictment and that brings an end to these proceedings. The trial on November 3 can be vacated.”
Waste at the site included concrete, bricks, and metal wires (Image: Anonymous source)
Mr McIlveen told WalesOnline previously on the matter: “Local keyboard warriors and NRW will tell you that they think it is imported waste and that is what the problem is caused by.
“But actually 100% of that waste is from previous projects that we have done on the park and we have put the spoil in one place because we are attempting, and failing miserably so far, to get planning permission for other things.
“When we do get that planning permission we will need that waste and the last thing anybody I would presume would want to see is that we have to send thousands of lorry-loads off the park to have it treated at great expense and at great environmental cost and then bring it back again when and if we get our planning permission.
“All we were asking for was to leave it where it was until we got our permission and then we would sort it out. It is the last thing that we want to have is an ugly mound of stuff sitting on our park.”
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