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Changes to the environmental permit of a controversial waste plant have been approved by Natural Resources Wales (NRW).
The plant, on Nine Mile Point Industrial Estate, in Cwmfelinfach, has faced fierce opposition after Caerphilly County Borough Council approved it in 2015.
While the plant is not yet operational, one of the companies behind it – Drumcastle Limited – has now been given permission remove an onsite dryer from the original plans.
Earlier this year, council planning officers approved a request made by Hywel NMP – the other company behind the plant – to remove the dryer. Its original purpose was to dry shredded waste, but this is no longer needed.
Belfast-based Drumcastle Limited will operate the site on contract from Hywel NMP and has been granted an environmental permit from Natural Resources Wales. This covers the treatment of non-hazardous household, commercial and industrial waste for it to be burned to generate electricity.
What is the waste plant and who is behind it?
Plans for the new waste treatment facility on Nine Mile Point Industrial Estate were approved by the council’s planning committee in December 2015.
Hazrem Environmental Ltd, the company initially behind the waste plant, previously said up to 100,000 tonnes of waste would be processed annually at the site, including the sorting and segregating of waste for recycling and the production of fuel.
Campaigners have previously argued that council officers should have asked Hazrem to carry out an environmental impact assessment before the decision was put to the council’s planning committee.
In not doing so, council officers rendered “any subsequent planning consent unlawful”, the Lower Sirhowy Valley Residents Group has said.
In early 2021, the site of the proposed waste plant was sold by Hazrem to its directors, who in turn sold it to Hywel NMP.
Hywel NMP was set up in January 2021 and is backed by private equity investment firm Foresight Group, which is based in the Shard in London.
An application was submitted by Hywel NMP to Caerphilly County Borough Council in 2021, which proposed removing the dryer from the plans. This was approved in early 2022.
However, an application to make these changes was also submitted to NRW and has since been approved. This was submitted by Belfast-based company Drumcastle Limited – which holds the environmental permit from NRW.
Drumcastle Limited is the company which will be running the plant under contract from Hywel NMP.
Drumcastle Limited wanted to alter the permit to include the changes to the dryer and the use of a carbon filter to stop smells from the site – which has now been approved.
The decision was made by NRW following public consultations, held in April and September this year.
Campaigners had expressed concerns over the removal of the dryer. One of those campaigners, Dr David Platt, previously suggested its removal could see heavier treated waste going out of the plant, resulting in more lorries going in and out of the industrial estate.
While those behind he plant have argued the removal of the dryer would reduce potential odours, Dr Platt has said the removal of the regenerative thermal oxidiser (RTO) from the plant alongside the dryer could potentially create an odour problem.
What is a regenerative thermal oxidiser (RTO)?
An RTO is a commonly-used technology used to control air pollution in chemical plants.
It destroys air pollutants that can be created in chemical plants. The RTO breaks down the pollutants at a high temperature, combining them with oxygen before releasing them into the atmosphere.
They are regularly used to tackle fumes and odours.
Another issue Dr Platt was concerned about is a new system which could be installed at the plant to replace the dryer.
Dr Platt said the system will be provided by German firm Stadler. This is the same as the system used in a similar plant near Heathrow Airport, where an eight-metre wall had to be wrapped around it to reduce noise.
NRW “satisfied”
NRW has now said it is “satisfied that the company can make the changes without adversely impacting on local people or the environment”.
The environmental body also said the a range of assessments, including noise and odour pollution, had been considered in the application.
Jon Goldsworthy, Operations Manager for NRW, said: “Having looked carefully at the information provided in the application and consultations, we are confident that the variation to the permit meets the legal requirements, and the operator can carry out the activity without significant risk to the environment or human health.”
Campaigners “won’t be giving in”
Ynysddu councillor Jan Jones, who has been a prominent campaigner against the waste plant, said she was “disappointed” by the news and vowed not to stop the fight.
Speaking to Caerphilly Observer, Cllr Jones, who is an independent, said concerns over odours, noise and lorry movements still persist.
She said the community had been “let down” by both the council and NRW, the latter of which she accused of being “not interested in the health and wellbeing of residents”.
Cllr Jones said campaigners, including her fellow ward councillor Janine Reed, will get together to discuss the news but insisted: “We won’t stop the fight. We’re going to be watching them all the time.
“We won’t be giving in. We will be making complaints if things aren’t done properly.”
The story so far
December 9, 2015 – Hazrem’s plans to build a waste treatment facility at Nine Mile Point Industrial Estate is approved by the council’s planning committee.
Campaigners against the plans stage a protest outside the council offices in Tredomen.
July 2016 – Campaigners submit around 700 formal letters of complaint to Natural Resources Wales (NRW) about the plans
September 2016 – NRW says it is consulting further with Public Health Wales over the application by Hazrem.
September 2016 – Dr Gillian Richardson, who was then-Executive Director of public health at Aneurin Bevan University Health Board (ABUHB), wrote to NRW, warning that the plant’s emissions could affect local resident’s health, citing temperature inversion in the valley.
January 2017 – NRW turns down an environmental permit application for the waste plant, citing a potential “negative impact on the health of people living in the area”.
The move is welcomed by Chris Evans MP and Rhianon Passmore MS, as well as Ynysddu’s councillors at the time – Jan Jones and Philippa Marsden, who would later become leader of the council before losing her seat in May 2022.
August 2017 – NRW u-turns over its decision to reject the environmental permit application, following an appeal from Hazrem.
NRW says it will not contest the appeal, saying Hazrem included “extra technical information” in the appeal, which caused NRW to change its stance.
Rhianon Passmore MS criticises NRW and pledges to continue fighting against the plans.
September 2017 – Lower Sirhowy Valley Residents Group begins to look for £3,000 to cover legal fees as it aims to continue its opposition to the plans. The group launches a formal objection against Hazrem’s appeal for a licence to build the waste plant. A protest is held on the steps of the Senedd in Cardiff Bay.
October 2017 – A two-day public inquiry is held at Blackwood Rugby Club. A letter by Hollywood actor Michael Sheen is read out at the inquiry, describing the situation as “especially alarming”.
Roger Tunstall, representing NRW, said the body had “found no grounds to defend the initial refusal” following a “full and thorough consideration of the appeal”.
December 2017 – The waste plant is given the go-ahead by the Planning Inspectorate. A Planning Inspectorate report said NRW had based its decision on “worst case scenario” figures.
Chris Evans MP and Rhianon Passmore MS say the community has been “totally ignored” over the decision.
February 2018 – Residents hold a torchlit protest march at Nine Mile Point to continue the campaign against the waste plant. Attendees include Chris Evans MP, Cllr Philippa Marsden and former Islwyn MP Don Touhig.
Sophie Howe, Future Generations Commissioner for Wales, writes to NRW asking it to demonstrate how the Wellbeing of Future Generations Act is being applied during the environmental permitting process.
August 2018 – Chris Evans MP calls for a review into NRW following its handling of Hazrem’s environmental permit. He says NRW has “failed my constituents on a number of occasions”.
November 2019 – Ynysddu’s Labour ward councillor Philippa Marsden becomes the new leader of Caerphilly County Borough Council.
December 2020 – Residents group submits a Freedom of Information request to the council. After receiving a response, Dr David Platt, of the residents group, said: “We started to suspect that a mistake had been made by the planning officers back in 2015”.
January 2021 – Hywel NMP, which is backed by London-based private equity firm Foresight Group, is set up. Hazrem would later sell the site of the proposed waste plant to its directors, who would later sell it on to Hywel NMP.
February 2021 – Residents group writes to the council suggesting three ways it can overturn the decision to grant planning permission to the waste plant. Included is the suggestion the council takes itself to judicial review – which would avoid compensation having to be paid out to Hazrem should the decision be overturned.
March 2021 – Council responds to letter from residents group, saying it is seeking its own legal advice – and that the residents group may have to wait several months for a reply.
Dr David Platt prepares to take the council to judicial review himself, due to concerns the council is “dragging its feet” over the issue.
May 2021 – The council’s Plaid Cymru and Independent groups call for clarity from the council over the situation, while, campaigners protest in Risca.
August 2021 – Dr David Platt’s application for a judicial review is turned down by a judge, but Dr Platt opts to renew the case, with a court date set in September to determine whether or not the council is taken to a judicial review.
September 2021 – Dr David Platt’s application for a judicial review is rejected by the High Court.
Caerphilly County Borough Council issues a statement to “set the record straight” over “inaccurate and misleading claims that are circulating in the community”.
Council leader Philippa Marsden says it’s “time to move forward and heal the divisions in the community”.
More than 400 protesters gather at the site of the planned waste plant.
October 2021 – Council launches internal investigation into the planning permission given to the waste plant. Campaigners say nothing will change despite the investigation. Internal investigation concludes on October 22.
November 2021 – A motion calling on an external independent investigation into the planning permission is tabled by Blackwood independent councillor Kevin Etheridge. It is rejected by councillors in a heated full council meeting.
January 2022 – Hywel NMP granted planning permission to build an onsite sprinkler tank and pump house. Plans also approved by council to allow Hywel NMP to remove the onsite dryer.
February 2022 – Campaigners pursue further legal action against both Hywel NMP and the council.
April 2022 – NRW launches public consultation into plans to remove the dryer from the environmental permit.
May 2022 – Ynysddu’s Labour councillor and incumbent council leader, Philippa Marsden, loses her seat in the council elections. Jan Jones, who is a previous Labour councillor for Ynysddu, and Janine Reed – who were both vocal campaigners against the waste plant – are elected as independent councillors for Ynysddu. The waste plant saga is seen as a big factor in this.
Having retained power at the council elections, the ruling Labour group appoints Nelson councillor Sean Morgan as the new leader of the council.
August 2022 – NRW launches second public consultation into plans to remove the dryer from the plant, which is still not operational.
October 2022 – NRW announces an application to change the environmental permit, allowing the dryer to be removed from the plans, have been approved.
Additional reporting by the Local Democracy Reporting Service
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