Energy firm wasted council’s time and money

THE COMPANY behind the proposed ‘Pyrolysis Plant’ at Cwmgwili Clean Power Properties (CPP) faces paying significant costs after pulling out of an appeal regarding a proposed plant in Hampshire.

CPP’s application to build a pyrolysis plant at Cwmgwili was unanimously rejected by Carmarthenshire County Council’s planning committee on February 4.

The company still have the right to appeal to the planning division of Welsh Government. However, the Company’s recent appeal against a similar planning refusal in England has resulted in them being been fined for what amounts to wasting the council’s time and resources.

CPP has been applying to change the technology they are proposing at the few facilities with planning consent. They withdrew all of their Environmental Permit applications, and on several occasions CPP dropped planning appeals at the last minute. CPP has now been sanctioned twice for not giving proper reasons for withdrawing their appeals, raising questions about their operation.

The Herald can reveal that the Planning Inspectorate have now published the the Secretary of State’s decision of a costs application in relation to CPP’s aborted Micheldever Station planning appeal.

That appeal was against the Council’s decision to refuse planning permission for the construction and operation of an 8 MWE Pyrolysis Advanced Conversion Technology (ACT) plant including a 2 MWE Anaerobic Digestion Plant associated office, visitor centre, with new access road and weighbridge facilities, solar panels, associated landscaping and surface water attenuation features.

Carmarthenshire County Council and the Welsh Assembly Government may wish to be mindful of what the Secretary of State has said in reaching a decision to order costs.

In a letter to CPP, the Secretary of State concludes, “[I] can reach no other conclusion than the appellants acted unreasonably by withdrawing the appeal when they did, causing the Council to incur wasted or unnecessary in the appeal process. An award of costs will therefore be made.”

Further correspondence sets out the order for CPP to pay Hampshire County Council costs as follows : “The Secretary of State for Communities and Local Government, in exercise of his powers under section 250(5) of the Local Government Act 1972, sections 78 and 322A of the Town and Country Planning Act 1990 and all other powers enabling him in that behalf, HEREBY ORDERS that Clean Power Properties and Network Rail Infrastructure Ltd shall pay to Hampshire County Council their costs of the abortive appeal proceedings before the Secretary of State, limited to those costs incurred from 9 February 2015; such costs to be assessed in the Senior Courts Costs Office if not agreed.”

On its website, the company claims: ‘We aim to secure consents and develop projects at 20 to 30 sites across the UK. This programme could generate enough renewable energy to power up to half a million homes, which is a significant contribution to meeting the UK’s overall renewable energy and climate change targets’.