Varteg Hill – Coal Recovery and Land Reclamation Pre-Application enquiry by Glamorgan Power Ltd. Members Seminar 31/3/14

Planning History Application to remove approx. 250,00 tonnes of coal and reclaim the site refused in 2011 for the following reason: “Given the site’s proximity to residential properties, the nature, scale and duration of the operations proposed would give rise to unacceptable impacts upon the amenities of local residents in relation to noise and dust. The proposal is therefore considered to be in conflict with Policy M1 of the Adopted Gwent Structure Plan and furthermore,there are no exceptional circumstances presented in the application of sufficient weight, which would override the general policy presumption in Minerals Technical Advice Note 2:Coal, that surface working of coal should not occur within 500m of a settlement”

Contd. Inquiry against refusal held early appeal to be determined by Welsh Government Minister Feb Minister issues “minded to approve” letter. Minister requests revised Section106 legal agreement to satisfy concerns in relation to ensuring that reclamation of the site is secured. Officers engaged with developer to produce a revised legal agreement

History contd. Intention to report new Section 106 agreement to Council in November 2013 Welsh Government issued intention to determine without revised agreement therefore Applicant submitted Unilateral Undertaking in October 2013 which reflected negotiations with the Council Welsh Minister decision issued 22 nd Nov 2013 dismissing the appeal. Glamorgan Power in January this year made an approach to the Planning Department seeking a view with regard to resubmitting a scheme to address the Ministers concerns.

Appeal Decision Minister did not accept the Council’s reason for refusal however he considered that in relation to the following matters relevant to the determination of the appeal the scheme was largely acceptable :- The effects on the proposed scheme on the health and amenity of local residents and of pupils at the nearby primary school, particularly on respect of dust and noise. The effects of coal lorries on the safety and amenity of the local road network particularly as they pass through Blaenavon The effects on other matters, including ecology and archaeology. Whether or not the proposal would be in accordance with the development plan Whether the benefits and policy support for the scheme outweigh the disbenefits and policies against it.

Appeal Decision Minister concluded the proposal was deficient:- Appellants had not shown that the scheme presented was the most sustainable option to satisfy test within Mineral Technical Advice Note 2:Coal- justifying working within 500m of settlement. Also the Minister was still not satisfied that the Unilateral Undertaking was of sufficient detail to reassure that a default situation was adequately covered Critical of a proposed review clause during the proposed works he saw this as indicating uncertainty with regard to costs associated with the scheme.

Pre-Application Glamorgan Power seeking to resubmit a proposal with the intention of overcoming concerns of the Minister and are seeking advice with progressing the scheme Letter of 6 th January 2014 sent to Members.

Next Stages The previous scheme has been judged to be an environmentally acceptable proposal Glamorgan Power will need to submit a further planning application with a new Environmental Impact Assessment with appropriate updates of previous surveys undertaken. Likely GP will request a scoping opinion whereby Local Planning Authority have to advise as to the scope of issues have to be examined in an Environmental Statement May present outline of options to be examined for comment-Advice to be given informal not binding on the Local Planning Authority In addition they will need to assess in relation to new Development Plan Adopted Torfaen Local Development Plan Dec.2013 Welsh Government undertaking a study in relation Restoration of Coal Recovery. Report anticipated shortly. Guidance in relation ensuring satisfactory Legal Agreements anticipated.