PEDW made the decision in a notice published yesterday (22 August).
The final decision by the PEDW comes after the Welsh government said it no longer wishes to make the final decision on the matter so the “power to determine the appeal” was transferred back to the department.
In 2021, the planning committee of Vale of Glamorgan council unanimously agreed it would look to issue a demolition order due to “discrepancies between the approved elevation and site layout plans”, which the council noted include machine housing, an external conveyor, and a substation. The council says it did not grant consent for any of these elements.
The operators of the Barry Biomass plant in South Wales questioned this decision soon after, saying the notice against the 86,000 tonnes per year capacity waste wood gasifier was “disproportionate considering the minor nature of the structures in question” (see letsrecycle.com story).
Appeal
PEDW when hearing the appeal said yesterday that the demolition order should be thrown out due to the fact it did not “accurately define the alleged breach of control” which it stated has “significant implications” on the not only on the effect of the notice but it also on the scope.
It also found that changing the notice would lead to “prejudice to all parties involved”.
PEWD said: “The identified shortcomings of the notice as drafted have led me to find that it is invalid and incapable of correction.”
The council last week stated that it would not withdraw the notice it issued in 2021, as it believed the applicant, Barry Biomass, which is funded by Aviva, was in breach of its planning application permit (see letsrecycle.com story).
The waste wood gasifier has a planned capacity of 86,000 tonnes per year and was was first granted planning permission in 2010, but its construction did not begin until 2016. In 2018, NRW granted it an environmental permit.
‘Disappointed’
A council spokesperson told letsrecycle.com: “At the time of issue, the notice was accurate based on available information, but new evidence indicates it needs to be altered to accurately reflect the planning breaches that have taken place.
“The council has offered to make the necessary changes, but PEDW has stated it is not possible to amend the notice to this extent.
“We are very disappointed with this stance given PEDW has the power to alter a Notice and legal advice suggests it can be amended in the way the council proposes.”
The notice also revealed that a further application had been made by Barry Biomass against Vale of Glamorgan council for costs for which will be the subject of a separate decision.
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