Legal challenge launched over controversial Eryri waterfall hydro scheme

Mark Mansfield

A conservation group has launched an unprecedented legal challenge against the approval of a controversial hydroelectric scheme at one of Eryri’s best-known waterfalls.

Cymdeithas Eryri has applied for a judicial review of the Eryri National Park Authority’s decision to approve the development at Rhaeadr y Cwm, above Llan Ffestiniog.

It is the first time in the organisation’s 60-year history that it has legally challenged a planning decision made by the national park authority.

The authority’s planning and access committee approved the scheme by eight votes to seven on June 24, following significant opposition from environmental groups and members of the public.

Planning permission was formally issued on July 15.

The scheme, proposed by Bala-based renewable energy company MED Dafydd, would generate up to 600kW of electricity and its developers have said it could produce enough power to serve around 700 homes.

It would involve building a small dam on the Afon Cynfal and diverting water from the waterfall through a pipe to generate electricity.

Campaigners have argued that at times almost 70% of the water could be diverted away from the waterfall, affecting its appearance, sound and surrounding environment.

The waterfall is within the Cwm Cynfal Site of Special Scientific Interest (SSSI), while the area also forms part of the wider Migneint-Arenig-Dduallt Special Area of Conservation and Special Protection Area.

Rare mosses and liverworts are among the species found in the gorge.

More than 1,700 representations were received during consultation on the development, with around 1,590 objections and just under 140 comments in support.

Cymdeithas Eryri said it remained strongly supportive of renewable energy in principle but believed the benefits of the scheme did not outweigh the potential harm to the environment.

The group is challenging the way the planning decision was made rather than asking the court simply to reconsider the merits of the development.

It claims the national park authority failed to properly explain and apply national planning policy relating to development which could damage an SSSI, including the requirement for “wholly exceptional circumstances” before permission can be granted.

Its legal team filed the judicial review claim on August 26, with the Cardiff Administrative Court issuing the sealed claim on September 8.

A decision on whether the case can proceed to a full hearing is expected before the end of this year, while a final decision is unlikely before mid-to-late 2027.

Fundraising campaign

Cymdeithas Eryri has launched a fundraising campaign towards its legal costs, which it estimates could exceed £60,000. It said £7,500 had already been pledged.

Graeme Cotterill, director of Cymdeithas Eryri, said: “Taking this step is unprecedented for Cymdeithas Eryri. In our 60-year history, we have engaged with countless Eryri National Park Authority planning decisions – but this is the first time we’ve legally challenged one.

“Whilst our close working relationship with the Authority in recent years benefits everybody and we intend it to continue, it is important that we challenge decisions that we and our supporters feel are not made in the Park’s best interest.”

Lily Hartley-Mathews, a solicitor representing the group, said: “The fact that Cymdeithas Eryri has taken this unprecedented step demonstrates how seriously it views this decision.

“This case concerns one of the most iconic waterfalls in Wales and a landscape afforded some of the highest levels of environmental protection available.

“At its heart, the claim is about ensuring that this decision to approve major development in Eryri National Park has been taken lawfully and in accordance with the national and local planning policies intended to protect places of such significance.”

Pipework

The hydro scheme would also include an intake weir, extraction pond, approximately 1.2km of underground pipework, a turbine building and metering building, as well as grid connection infrastructure.

Opponents have previously raised concerns about reduced water flows, the impact on rare plants, landscape damage and the effect on the sight and sound of the waterfall.

Supporters of the development have argued that renewable energy schemes are needed to help tackle climate change.

The Welsh Government decided earlier this year not to call in the application, leaving the final planning decision with Eryri National Park Authority.

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