Council declines request to withdraw enforcement notice served against biomass incinerator

Ted Peskett, local democracy reporter

Vale of Glamorgan Council has declined a request for it to withdraw an enforcement notice it served against the Barry biomass incinerator.

Planning and Environment Decisions Wales (PEDW) made the request to the council after the company behind the biomass burning plant, Biomass UK, appealed the notice.

The Woodham Road plant had the enforcement notice served on it in 2021 after a number of discrepancies were found with its approved plans, but Biomass UK has always argued that the notice is inaccurate and disproportionate.

A Vale of Glamorgan Council spokesperson said: “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.”

PEDW, which is the Welsh Government department that manages planning-related appeals, 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.

The council decided in May that it would respond to PEDW by saying that it felt it appropriate to amend the enforcement notice.

Legal advice

The council spokesperson added: “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.

“It is also frustrating that PEDW did not make its position clear in earlier correspondence when it was possible to do so. The council is aware of the strength of public feeling regarding this matter and has informed PEDW that it will not be withdrawing the notice.

“Should it subsequently be judged invalid, we will consider all options regarding further enforcement.”

The Welsh Government has been contacted for a response.