Campaigners against a controversial waste plant in Cwmfelinfach have raised further concerns about the development.

The plant, on Nine Mile Point Industrial Estate, has faced fierce opposition since it was granted planning permission in 2015.

On January 13, Hywel NMP – the company behind the plant – was given planning permission to build an onsite sprinkler tank and pump house. This is to ensure the plant is in line with guidance set out by Natural Resources Wales.

This guidance was not in place when planning permission was originally given to the plant nearly six and a half years ago.

However, concerns are now being raised over its location next to two former mineshaft entrances.

In a letter sent to Caerphilly County Borough Council on January 10, Lower Sirhowy Valley Residents Group member Jan Jones raised concerns that the sprinkler tank and pump house could end up encroaching onto the ‘zone of influence’ of a nearby mineshaft entrance.

The mineshaft entrance ‘zone of influence’ is an area around the mineshaft entrance which could potentially be vulnerable to subsidence or collapse.

Ms Jones, a former Labour councillor for the Ynysddu ward where the plant is located, also expressed worries that lorries and other large vehicles could also encroach onto the zone of influence when going to and from the plant.

In the letter, which was sent by Ms Jones on behalf of the Lower Sirhowy Valley Residents Group, concerns were also raised over the lack of a Coal Mining Risk Assessment relating to the application – however, this was received by the council on January 11 – a day after Ms Jones’ letter was sent.

According to the Coal Authority website, both mineshaft entries are classed as high risk areas for development.

However, in its risk assessment, the Coal Authority said the proposed development site “is not known to have been subject to past coal mining activity” and said the risk to the site from former mining activity is “low”.

The risk assessment continued: “If during intrusive investigations the local ground conditions in proximity to the shafts is found to vary from what is recorded above, the zone of influence for each mine entry should be revised where necessary.

“The Coal Authority advises the developer undertake a detailed Gas Risk Assessment where proposed development occurs over shallow coal reserves as is the case here.”

But Ms Jones described the contradiction as an “anomaly”, while fellow campaigner Dave Platt – who has previously taken the council to court over the waste plant – said he was “extremely confused” by the risk assessment.

Dr Platt said he has “major concerns” over how the zone of influence size had been calculated. The zone of influence is a 15-metre radius around the mineshaft entry, but Dr Platt believes it should be at least 20m.

He also questioned the amount of space lorries and other large vehicles would have to manoeuvre on the site with the addition of the sprinkler tank and pump house.

“It worries me that we could have 44-tonne HGV lorries potentially coming onto the zone of influence.

A spokesperson for the Coal Authority said it was not approached by the council during the planning permission determination process, but reiterated there is no formal requirement for a local planning authority to do so for certain types of development.

But the spokesperson added: “In its role as the determining body, in accordance with Planning Policy Wales, the local planning authority still needs to consider ground stability and public safety issues in the processing of the planning application.”

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 is now leader of the council.

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”.

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.

Additional reporting by the Local Democracy Reporting Service