Posted: Wed 28th Jun 2023

Committee votes in favour of varying enforcement notice on Barry incinerator

news.wales / newyddion.cymru
This article is old - Published: Wednesday, Jun 28th, 2023

Councillors have voted in support of altering an enforcement notice served on a Barry incinerator under threat of closure. ‌​‌​‌​​​‍‌​‌​​‌‌‌‍‌​‌‌​​‌​‍‌​‌‌‌​‌‌‍‌​‌‌‌‌​​

Vale of Glamorgan Council’s planning committee met on Thursday April 27 to discuss plans to vary the enforcement notice served on the Woodham Road incinerator in 2021 after a number of discrepancies were found with its approved plans. ‌​‌​‌​​​‍‌​‌​​‌‌‌‍‌​‌‌​​‌​‍‌​‌‌‌​‌‌‍‌​‌‌‌‌​​

Biomass UK No.2 Ltd. appealed against the enforcement notice to Planning and Environment Decisions Wales (PEDW) in Ocotber 2021, arguing that the measures in the notice, including the removal of the incinerator, were excessive. ‌​‌​‌​​​‍‌​‌​​‌‌‌‍‌​‌‌​​‌​‍‌​‌‌‌​‌‌‍‌​‌‌‌‌​​

Ahead of an inquiry over the matter, PEDW recently wrote to the council about the way its enforcement notice was written, adding that it “should consider whether the  allegation is a sufficiently precise description” and how it might be corrected. ‌​‌​‌​​​‍‌​‌​​‌‌‌‍‌​‌‌​​‌​‍‌​‌‌‌​‌‌‍‌​‌‌‌‌​​

However, campaigners and some councillors are concerned that this could see the council backtracking on its plans to enforce the closure of the plant and the eventual re-commencement of operations there. ‌​‌​‌​​​‍‌​‌​​‌‌‌‍‌​‌‌​​‌​‍‌​‌‌‌​‌‌‍‌​‌‌‌‌​​

A member of Vale of Glamorgan Council’s planning committee, Cllr Nic Hodges, said: “I respect that they have a right of appeal against a planning permission, or in this case an enforcement notice, but it is only right and proper that we defend our position and defend it robustly.” ‌​‌​‌​​​‍‌​‌​​‌‌‌‍‌​‌‌​​‌​‍‌​‌‌‌​‌‌‍‌​‌‌‌‌​​

Biomass UK submitted three planning applications in January 2023 with the aim of regularising the development that they currently have in place. ‌​‌​‌​​​‍‌​‌​​‌‌‌‍‌​‌‌​​‌​‍‌​‌‌‌​‌‌‍‌​‌‌‌‌​​

The company has always argued that the enforcement notice served on the Woodham Road plant is inaccurate and disproportionate. ‌​‌​‌​​​‍‌​‌​​‌‌‌‍‌​‌‌​​‌​‍‌​‌‌‌​‌‌‍‌​‌‌‌‌​​

A Vale of Glamorgan Council planning report states that the proposed variation of the enforcement notice is intended to “more accurately reflect the breach of planning control”. ‌​‌​‌​​​‍‌​‌​​‌‌‌‍‌​‌‌​​‌​‍‌​‌‌‌​‌‌‍‌​‌‌‌‌​​

It will also include an additional/alternative option to secure a remedy to the breach of planning control, according to the planning report. ‌​‌​‌​​​‍‌​‌​​‌‌‌‍‌​‌‌​​‌​‍‌​‌‌‌​‌‌‍‌​‌‌‌‌​​

Cllr Hodges added: “I really need to be convinced, and I am still waiting for a proper argument, of why we need to adjust the enforcement action that we have in front of us. ‌​‌​‌​​​‍‌​‌​​‌‌‌‍‌​‌‌​​‌​‍‌​‌‌‌​‌‌‍‌​‌‌‌‌​​

“I think it is clear, I think it is definite, and I think I remain to be convinced that it is not dependable at an appeal without more information.” ‌​‌​‌​​​‍‌​‌​​‌‌‌‍‌​‌‌​​‌​‍‌​‌‌‌​‌‌‍‌​‌‌‌‌​​

The committee eventually voted in favour of re-adjusting the notice. However, this does not mean that the council will itself modify it. ‌​‌​‌​​​‍‌​‌​​‌‌‌‍‌​‌‌​​‌​‍‌​‌‌‌​‌‌‍‌​‌‌‌‌​​

Approval of the proposals put before the committee means that the council will now respond to PEDW to give comment, as requested by PEDW, to note that the council feels it is appropriate to amend the enforcement notice. ‌​‌​‌​​​‍‌​‌​​‌‌‌‍‌​‌‌​​‌​‍‌​‌‌‌​‌‌‍‌​‌‌‌‌​​

In response to Cllr Hodges’ comments, council officer Ian Robinson said: “I fully appreciate how building something wrongly can diminish peoples’ confidence in the operation of a plant and quite often with planning applications we have that kind of thing put to us.” ‌​‌​‌​​​‍‌​‌​​‌‌‌‍‌​‌‌​​‌​‍‌​‌‌‌​‌‌‍‌​‌‌‌‌​​

He went on to add: “Unfortunately we can’t base our decisions… on how trustworthy we think the developer is. We have to assess the application on the proposal on the ground, not who is proposing it.” ‌​‌​‌​​​‍‌​‌​​‌‌‌‍‌​‌‌​​‌​‍‌​‌‌‌​‌‌‍‌​‌‌‌‌​​

The PEDW inquiry was set to take place in May this year. However, this has now been postponed. ‌​‌​‌​​​‍‌​‌​​‌‌‌‍‌​‌‌​​‌​‍‌​‌‌‌​‌‌‍‌​‌‌‌‌​​

The Welsh Government said that a new date for the Inquiry will be set once the PEDW inspector has established the appropriate next steps. ‌​‌​‌​​​‍‌​‌​​‌‌‌‍‌​‌‌​​‌​‍‌​‌‌‌​‌‌‍‌​‌‌‌‌​​

By BBC LDRS ‌​‌​‌​​​‍‌​‌​​‌‌‌‍‌​‌‌​​‌​‍‌​‌‌‌​‌‌‍‌​‌‌‌‌​​



Spotted something? Got a story? Email News@News.Wales



More from Vale of Glamorgan Council

Decisions on Major Vale of Glamorgan Plans Put on Hold After Council Meeting Glitch

Vale of Glamorgan Council

Barry Transport Interchange Sees Low Usage, Council Plans to Add More Services

Vale of Glamorgan Council

Developers Agreed to Complete Barry Waterfront Facilities After Council Legal Action

Vale of Glamorgan Council

Vale of Glamorgan Council Proposes Auctioning Mayor’s Car to Save Money

Vale of Glamorgan Council

Plans to bring vale of Glamorgan railway station back to life after decades

Vale of Glamorgan Council

Passengers Surprised by “Hefty” Bills for Vale of Glamorgan Council Transport Service

Vale of Glamorgan Council

Latest from News.Wales

Cardiff council faces potential fine over waste collection changes

Cardiff Council

Plans to Build New Homes on Derelict Farm in Wrexham Village Likely to be Rejected

Wrexham Council

Plea for Extensive Training on Social Media Made After Councillor’s Viral Rant

Torfaen Council

Blaenau Gwent Council Budget Tweaks Result in Lower Than Expected Council Tax Rise

Blaenau Gwent Council

Protest forces cancellation of LGBTQI campaigner Peter Tatchell’s talk in Gwent town

Monmouthshire Council

Former World Champion Darts Player Gerwyn Price Granted Permission for New Fish and Chip Shop

Caerphilly County Borough Council