High Court order to Cardiff Council STOP VIRIDOR

Case to force Cardiff to Stop Viridor's Incinerator building to go to Court

The High Court judge agreed yesterday, 7th Feb. to order "expedition" of the case..

Both Cardiff Council and Viridor opposed this, seeking to delay the case for the Planning Committee scheduled for 13th February.

Said Max Wallis for CATI: "This was delaying tactics.  The officers do not propose enforcement but approval of defective applications outstanding since August. This cannot rectify Viridor's unlawful development." 

Pauline Ellaway, a Splott resident who is fronting the case for CATI said:

"We are pleased the Court has rejected Cardiff's request for further delay, when they should have acted 6 months ago" 

CATI has repeatedly asked for enforcement action since the start of work on 20 July.  The law firm Richard Buxton demanded action again in December, when the officers agreed a compromise of taking the issue to the Committee of 9th January.  They turned down the request for an immediate Stop Order, on the basis that little work was to be done over the Xmas/New year period.

The Planning committee failed to take action** on 9th February, by chairman's casting vote, despite strong pleas from Splott councillors, Huw Thomas, Luke Holland and Gretta Marshall.

Papers for the 13 Feb. Planning Committee should be available later today.  But whatever transpires at that Committee, the case will be up in Court within 2 or 3 weeks.

--

** report on cardiffagainsttheincinerator.blogspot.com

Cardiff Planning Officers give incinerator ahelping hand

Do we believe the officers that 'no urban incinerator will accept a visit' -?

THIS is an INCINERATOR even though it avoids this word where possible!!!
NOT a clean 'ENERGY from Waste' ??? Who are they kiddding and there is no customer for this dirty energy!

A HUGE amount of emphasis in the report on energy from Waste
8.6 Sustainability
The proposed facility would provide (at capacity) approximately 30 Mega
Watts of electricity, enough to serve 30,000 homes. This is considered to be in
accordance with the aims of Planning Policy Wales and TAN 21. This is an
important feature of the proposal and..

The Welsh Assembly Government states that energy from waste facilities are
only acceptable if ‘they form part of an integrated approach and that they only
recover energy from residual waste that remains after as much recyclable and
compostable material as practically possible has been removed; they include
heat and power wherever practicable.

The applicant states that the proposed facility is intended to treat residual waste and that materials (such as metals) are to be recovered for recycling..

The carbon footprint of the development
Chapter 5.3 of the submitted Environmental Statement analyses the carbon
footprint of the proposed facility compared with landfill...(WRATE). Compared with Landfill an overall carbon saving of
between -108,000 tonnes and -196,000 tonnes will be achieved in the year 2013. Provided a user for the heat produced can be located the carbon footprint of the proposed facility is estimated to be in the order of -30,000
tonnes CO2eqv in 2013

Hazards of disposing of toxic fly ash sdismissed in this ONE para so this is big issue no 2 to tackle!!
The toxic fly ash is the residue of combustion removed from the flue gases
prior to release into the atmosphere, in order to reduce the pollutants emitted.
The facility would produce approximately 10,500 tonnes per annum. The fly
ash would be removed from the facility using enclosed tankers and would be
transported to a hazardous waste landfill (currently there are none in Wales)..


Looks like this will clash with SEW Waste group meeting - do we have a protest outside..etc7.5 Cardiff Friends of the Earth and South-East Wales Friends of the Earth Waste

From the report..the objections in addition to those by cllrs.
Then 8. ANALYSIS starts
8.1 This is a major application for an energy from waste facility which will comprise
14,400 square metres of internal floorspace and will treat approximately
350,000 tonnes of residual waste per annum.

FROM THE PAPERS to be found here
http://www.cardiff.gov.uk/content.asp?id=2292&$state=calendarmeeting&$committeeID=1423&$meetingdate=06/05/2009&$eventrec=5616

Group object to the proposed development on the following grounds (The full
objection letter is available for public viewing as a background paper):
• The proposed incinerator will, during the long period of its contract,
contravene the requirements laid down in the Waste Hierarchy to;
minimise waste arisings by reduction / prevention, and secure every
possible recovery of materials by re-use, recycling or composting before
burning.
• The proposed incinerator is not demonstrated to be the Best Practicable
Environmental Option, particularly with respect to climate change impact.
• There is public concern that the proposed incinerator will constitute a
health risk because hazardous substances produced, for example ultra
fine particle (
8. ANALYSIS
8.1 This is a major application for an energy from waste facility which will comprise
14,400 square metres of internal floorspace and will treat approximately
350,000 tonnes of residual waste per annum. The facility has a predicted
lifespan of approximately 25 years but may operate beyond this timeframe.
The proposed development includes a waste reception area including tipping
hall and bunkers, offices, a visitors centre, two stacks a weighbridge and
parking for HGVs and cars. The site will employ approximately 50 employees
on a shift basis and will operate 24 hours a day, 365 days per year. Deliveries
to the facility will generally be between the hours of 0700 and 1700 hours.

8.2 The agent has advised that there are approximately 22 energy from waste
facilities which are operating within the United Kingdom, treating residual
municipal, commercial and industrial waste and that there are also
approximately 10 further energy from waste facilities which are in the pipeline.
The applicant Viridor currently operates a clinical energy from waste facility in
Plymouth and is currently developing additional facilities in Exeter, (permission
was granted in May 2008 for a 60,000 tonne per annum facility) and Slough
(planning permission was granted in 2000 for a 400,000 tonne per annum
facility). Viridor has also submitted planning applications for similar facilities in
Oxford and East Lothian, which are being considered currently by the relevant
local planning authorities. It should be noted that the energy from waste
facilities which have been approved by other local planning authorities have
also given rise to a great deal of opposition.

8.3 There is an identified need for another method of disposing of residual waste
for not only Cardiff but for all of the Project Gwerdd Local Authorities of South
East Wales: Caerphilly, Cardiff, Monmouthshire, Newport and the Vale of
Glamorgan. The Lamby Way landfill site had a remaining capacity of only
approximately 200,000 tonnes in September 2008, with historic rates of
300,000 tonnes of waste per annum. The only other operating landfill site
within the Project Gwerdd authorities is at Dock Way Newport which has a
remaining capacity of approximately 300,000 tonnes with a disposal rate of
approximately 90,000 tonnes per annum (ie. approximately 4 years
remaining).

8.4 It is considered that the key planning considerations are as follows:
• European and National Policy
• Sustainability
• Land use policy
• Landscape and Visual Amenity
• Amenity including Air quality and health
• Water resources
• Transportation
• Archaeology and Cultural heritage
• Impact upon the Statutory Designated sites (ie. the Severn Estuary
Special Protection Area (SPA), Site of Conservation Importance (SCI) and
Wetland of International Importance (Ramsar Site) and Cardiff Beech
Woods Special Area of Conservation (SAC).
8.5 European and National Policy
In accordance with the requirements of European Directives, it is necessary to
divert the amount of municipal solid waste disposed of by landfill. Technical
Advice Note (TAN) 21 states that another potential for the waste resource is
as a fuel. ‘Recovery of energy can be done in a number of ways including
direct incineration of parts of the waste arisings that are otherwise of limited
use. Proposals that incorporate combined power and heat plant could
contribute towards district heating schemes. Energy recovery via incineration
is known not to be popular with some sectors of the public, even thought the
industry is now using cleaner and safer technologies than ever, with vastly
reduced and controllable emissions. In a policy area that is aiming to rely less
and less on landfill, the potential for energy from waste facilities is growing’.
The provision of an energy from waste facility accords with the local authority’s
overall commitment to reducing the amount of waste generated within Cardiff,
the reuse of waste materials wherever possible, and the recovery of value
from the residual waste fraction. It is considered that such a facility is required
as part of an integrated and sustainable waste management strategy. The
proposed development is considered to be in accordance with the Deposit
Cardiff Unitary Development Plan (October 2003), which states ‘Proposals for
the development of waste management facilities will be permitted if: g) they
include suitable proposals for energy recovery and the beneficial after-use
products’.
8.6 Sustainability
The proposed facility would provide (at capacity) approximately 30 Mega
Watts of electricity, enough to serve 30,000 homes. This is considered to be in
accordance with the aims of Planning Policy Wales and TAN 21. This is an
important feature of the proposal and, in the interests of sustainability, it is
considered that if planning permission were to be granted, persons having
relevant interest in the application site should enter into a binding planning
obligation in agreement with the Council under Section 106 of the Town and
Country Planning Act 1990 requiring them to use best endeavours to use and
market the energy generated from the incineration process and to produce an
annual report detailing the outcome of these endeavours for presentation to
the local planning authority and also to use reasonable endeavours to market
the bottom ash derived from the incineration process for use as a secondary
aggregate, as indicated in paragraph 1.2 (iv) above.
8.7 Land Use Policy
In terms of land use policy the principle of the development of the site for such
a use is considered acceptable. The site falls within an area of land with
planning permission for business, industry and warehousing. The proposal is
considered in accordance with the aims of Policy 55 of the Local Plan and the
supplementary guidance on ‘Locating Waste Management Facilities’(2006)
which both state that such proposals will generally be encouraged toward
existing areas or allocations for general industry. (see the Strategic Planning
Manager’s advice, paragraph 5.1)
8.8 Landscape and Visual Amenity
The design and external appearance of the development is considered
acceptable. The site is located within an industrial area which is typified by
utilitarian looking industrial buildings. The Strategic Planning Manager
(Design) comments that the quality of the design is high for a facility of this
type (see paragraph 5.2 above). The design has also been endorsed by the
Design Commission for Wales.
8.9 Amenity including Air quality and health
The closest residential areas are a distance of approximately 580 metres away
at Adventurer’s Quay, Galleon Way and Lewis Road (see paragraph 1.2(ii).
The Environmental Statement (ES) contains an assessment of ‘Amenity
Issues’ (Section19) which covers the following matters: Litter, vermin and
pests, waste, discharge to water, air quality, dust and odour, traffic and noise
and concludes that the proposal would not have any detrimental impact on the
surrounding environment.
The submitted Environmental Statement (ES) addresses emissions in two
categories; traffic emissions and emissions from the stack. The ES states that
the majority of traffic will access the site via Rover Way and Ocean Way. A
DMRB assessment was carried out in relation to the Gypsy / Traveller site at
Rover Way. The assessment indicates that ‘long term and short term air
quality objectives / limit values for NO2 and PM10 will be achieved, with or
without the operational traffic for all assessment years’. The ES states that the
maximum predicted short term and long term ground level process
contributions from the facility at the appropriate WID emissions limits have
been classified as extremely small or very small (ie. <5%>2000) between the highest predicted soil concentrations and soil
assessment criteria that are protective of the most sensitive human receptors’.
Furthermore, following consideration of the proposal including the submitted
Environmental Statement neither the Environment Agency (EA) nor the
Operational Manager Environment (Pollution Control) have raised any
objections, subject to the imposition of appropriate conditions (see paragraphs
5.3 and 6.1 above). It is not considered that the proposed development would
prejudice the amenities of residents etc. within the surrounding areas.
It should also be noted that the proposed facility will require an Environmental
Permit from the EA prior to beneficial operation. The potential emissions from
the incinerator will have to be analysed very stringently by the EA to ensure
that the emissions comply with EU legislation. The EA is the competent
authority for assessing the detailed impacts upon the environment from
emissions.
In view of the public concern regarding the proposal (see section 7 above), it is
recommended that the persons having relevant interest in the application site
should enter into a binding planning obligation in agreement with the Council
under Section 106 of the Town and Country Planning Act 1990 requiring them
to establish and support a Liaison Group to involve, (inter alia), the operator,
the local planning authority, local members and representatives of the local
community.
Furthermore, it is considered that the Environment Agency should be
requested to give consideration to the inclusion of a condition to secure a
programme for monitoring and mitigation of emissions to air using a
continuous sampling system on any pollution prevention and Control
Authorisation, and if not, to continually monitor the need for the inclusion of
such a condition in any subsequent review of this authorisation.
8.10 Water Resources
There are no water features present on the site and the site is not within an
area which is prone to flooding. The submitted Environmental Statement
states that the main potential for impact upon hydrogeology is during the
construction phase. Conditions 4-7 regarding contaminated land measures will
ensure that risks to ground water during both construction and operation are
monitored and minimised (see the consultation response received from the
Environment Agency paragraph 6.1 above).
8.11 Transportation
The applicant has carried out a Transport Assessment which was submitted
as part of the Environmental Statement. The Transport Assessment indicates
that the proposed development would generate approximately 82 additional 2-
way trips on the local highway network during the morning peak (ie. 0730 to
0900) and some 62 trips during the evening peak. The additional traffic
generated from the energy from waste facility is predicted to represent an
increase of 3%. Many of the objections received relate to the increase in traffic
from the proposed facility. However, on the proviso that the applicant is willing
to enter into a section 106 Agreement with regard to the provision of a
financial contribution of £180,293 towards public transport movements, traffic
management and telematics, the Operational Manager Transportation has no
objections. The applicant would also be required to enter into a section 106
Agreement with regard to the provision of a revised Travel Plan, in order to
promote travel by sustainable modes of transportation amongst employees
(see paragraph 5.4 above).
8.12 Archaeology and cultural heritage
Glamorgan Gwent Archaeological Trust (GGAT) advise that due to the ground
conditions it would be inappropriate to require a scheme of archaeological
work to be undertaken prior to commencement of development on the site, as
this could result in damage to archaeological resource which may otherwise
remain undisturbed on the site. GGAT have advised (see paragraph 6.3
above) that subject to a condition requiring the applicant to submit a detailed
programme of investigation for the archaeological resource following the
outline given in the environmental statement being attached to any consent
then there would be no objections (see Condition 22).
8.13 Impact upon the Statutory Designated sites
In response to the objections received from CCW (see paragraph 6.2 above),
regarding the need for an Appropriate Assessment to be undertaken by the
Local Authority prior to the determination of the application, the Strategic
Planning Manager (Ecology) (see paragraph 5.5) advises that Cardiff Council
has to reach a view on the possible significant effect of these proposals in the
context of European sites. The possible significant effects would be through
the media of aerial and water pollution, which are regulated by the
Environment Agency. The facility would require an Environmental Permit to
operate even if planning permission was granted. Furthermore, if an
Appropriate Assessment were to be undertaken for this proposal then this
would be inconsistent with the local authority’s stance on previous proposals
(such as Celsa Steelworks and Biomass Plant 08/2653C), and would set a
precedent for future projects. It should be noted that the local planning
authority does not have the technical competencies in assessing complex
issues relating to emissions.
8.14 Many objections have been received to the proposed energy from waste
facility (see section 7 above). In response to objections received and not
already addressed within the above report:
Concerns regarding emissions and the resultant impact upon health
The Operational Manager Environment (Pollution Control) and the
Environment Agency (EA) have been consulted with regard to the emissions
from the proposed facility and both have no objections (see paragraphs 5.3,
6.1 and 8.9 above). It will fall to the EA to consider the emissions very
stringently during the Environmental Permit stage. It should be noted that
without an Environmental Permit the facility will not be permitted to operate.
Incineration is not an efficient method of waste treatment and will discourage
recycling
The Welsh Assembly Government states that energy from waste facilities are
only acceptable if ‘they form part of an integrated approach and that they only
recover energy from residual waste that remains after as much recyclable and
compostable material as practically possible has been removed; they include
heat and power wherever practicable. The applicant states that the proposed
facility is intended to treat residual waste and that materials (such as metals)
are to be recovered for recycling. It should be noted that significant investment
has been made in recycling and composting within the local authority in recent
years and the local authority is committed to increasing rates of recycling and
reducing residual waste.

Hazards of disposing of toxic fly ash
The toxic fly ash is the residue of combustion removed from the flue gases
prior to release into the atmosphere, in order to reduce the pollutants emitted.
The facility would produce approximately 10,500 tonnes per annum. The fly
ash would be removed from the facility using enclosed tankers and would be
transported to a hazardous waste landfill (currently there are none in Wales).

The carbon footprint of the development
Chapter 5.3 of the submitted Environmental Statement analyses the carbon
footprint of the proposed facility compared with landfill. The calculations are
carried out in accordance with Waste and Resources Assessment Tool for the
Environment (WRATE). Compared with Landfill an overall carbon saving of
between -108,000 tonnes and -196,000 tonnes will be achieved in the year
2013. Provided a user for the heat produced can be located the carbon
footprint of the proposed facility is estimated to be in the order of -30,000
tonnes CO2eqv in 2013.

Height of chimney stack
There is currently a chimney stack on the site which measures approximately
80 metres in height. The proposed measures a maximum of 90 metres with an
additional 10 metre lightning rod. The facility is located within an area of
industry and is a typical feature which one would expect to see in such an
area. It should also be noted that the Strategic Planning Manager (design)
has no objections (see paragraph 5.2 above).
8.15 Subject to the completion of a Section 106 Agreement (see paragraphs 5.4,
8.6, 8.9 and 8.11 above), it is recommended that planning permission be
granted, subject to appropriate conditions.

Viridor proposal would turn Cardiff into South Wales waste capital

Mon, Nov 10, 2008 at 8:38 pm Posted in Campaign Updates, News, South East Wales FOE Waste Network,

LetsRecycle reports that:

Plans to develop a new incinerator in Cardiff have come under fire because of concerns it will not be limited to burning non-recyclable waste. Waste firm Viridor (Pennon Group)has been selected as preferred partner by the owners of a site near the Cardiff docks to take forward the £150 million project to build a “waste management and resource recovery facility”.

According to a letter from Cardiff Friends of the Earth local people are concerned that the proposed facility would be over-sized, as 350,000 tonnes per annum equates to some 2.5 times the amount of residual waste Cardiff produces. Continue Reading “Viridor proposal would turn Cardiff into South Wales waste capital” »

Incinerator fighters won't stand idly by
WalesOnline, United Kingdom - 20 Oct 2008
Councillors for Splott and Tremorfa in Cardiff have been gathering support against plans by Viridor Waste Management to build the waste-burning incinerator ...

Cardiff food waste going to Derby?

Heard a rumour saying that food waste collected in Cardiff is being trucked to Derby to be composted as facilities are not built in Cardif yet. Plus, not going to be available
until summer next year. In order to meet targets, needed to put in place now, so went to
cheapest tender.. Derby??!

Latest coverage of welsh waste scandal!

Welsh recyclate heading east (04/12/2007)
MoreThanWaste - Northallerton,England,UK
People's good intentions could be compromised by the fact that some of the waste ends up being shipped half way round the world" Cardiff, Wales: Councils in ...

City waste heads to the Far East ic Wales, United Kingdom - 3 Dec 2007 Cardiff council was forced to own up to sending recycled materials to Indonesia, China, and India. And the council has come under attack from an Assembly ... Plaid calls for help to get Welsh-speakers off dole ic Wales, United Kingdom - 2 Dec 2007 WELSH speakers should be given Government help to improve their reading and writing skills and get them into work, Plaid Cymru said last night. ... Welsh recyclate heading east (04/12/2007) MoreThanWaste, UK - 4 Dec 2007 "This has grave implications, not only for the exploitation of the workers who pick through the rubbish, but also for the environment. ... Nationalists demand Welsh recycling review letsrecycle.com, UK - 4 Dec 2007 Plaid Cymru - the Party of Wales - is calling for a review of Welsh Government policy on recycling, following research conducted by the Party showing which ... Authorities must improve Daily Post, UK - 4 Dec 2007 LOCAL authorities across Wales are under the cosh – and rightly so – for packing our recyclable rubbish off to the four corners of the world. ... Rubbish from North Wales sent all over world Daily Post, UK - 3 Dec 2007 RUBBISH which North Wales people are told to leave by the kerb for recycling is being packed in ships and sent halfway across the globe. ... Rubbish from North Wales sent round the world for recycling Daily Post, UK - 2 Dec 2007 HOUSEHOLDERS in North Wales who sort out their rubbish for kerbside recycling are unwittingly sending plastic, textiles or glass half way round the world, ...

Incinerator's cost doubles

Exclusive by Jess Bauldry and Lawrence Marzouk
The construction costs of a controversial incinerator project have more than doubled from original estimates.

A total of £145.7 million will now have to be paid by waste contractor Veolia just to prepare the site in Newhaven and to build the incinerator.

Who wants to build it?

Waste Guzzling Monster - incinerator - sometimes called a thermal treatment -

PMG Estates and Viridor Waste Management plan to build an incinerator in Cardiff Bay. Rather than just burning the waste that is left over after recycling, with a potential capacity of 500,000 tonnes the incinerator could burn around three times as much rubbish as Cardiff sent to landfill in 2003/4 Between April 2004 and March 2005, 167,022 tonnes of waste were sent to landfill in Cardiff. Waste policy
8 Jun 2007 - They boast and day this is an Opportunity for Cardiff to lead the way in waste and resource management. Welsh property developer PMG Estates Limited, jointly owned by Paul Guy and Mike Hall, has announced exciting plans to create a state-of-the-art waste management and resource recovery facility on its Trident Park site in Cardiff Bay that would place Cardiff at the forefront of waste management practice in the UK. PMG has selected Viridor Waste Management, to be its preferred bidder to take forward the proposals. Over the coming months PMG and Viridor will be drawing up detailed plans for the £150 million scheme
http://www.tridentparkcardiffbay.co.uk/siteplan.htm#
http://www.tridentparkcardiffbay.co.uk/Site_Folder.pdf
http://www.tridentparkcardiffbay.co.uk/

‘TRIDENT PARK, THE HUB OF CARDIFFhttp://www.tridentparkcardiffbay.co.uk/index.htm

Conrtact the directors http://www.pmg-plc.com/
Trident Park website bast that it is a prominent 50 acre site within Cardiff Bay, the vibrant and successful regeneration of Cardiff’s docklands. The park comprises ten existing warehouses and office buildings and three plots suitable for development. Less than ten years old and in excellent condition the site offers one million sq ft of capacity.PMG Estates, through a programme of refurbishment, selective demolition and new development, is creating at Trident Park a business environment that offers a wide range of accommodation to suit the Region’s future office, warehouse and industrial needs.’


MUNICIPAL RESIDUAL WASTE TREATMENT
REPORT OF CORPORATE DIRECTOR 5 July
EBM 5 July 07 Municipal Residual Waste Treatment Final
procurement of a residual waste treatment facility (Prosiect Gwyrdd),. which is in line with the...
www.cardiff.gov.uk/objview.asp?object_id=9017

'The recovery of energy from residual waste that is derived after the separation of recyclable or compostable materials have been removed, this material can then be used for energy recovery through thermal treatment and for further recovery of recyclables;'

Julian Rosser, Director of Friends of the Earth Cymru commented,
"Incineration is not the best way of dealing with waste: it means burning paper and plastics that should be recycled. It's not a renewable way of generating energy because so much of the 'fuel' comes from plastics which are made from oil.
. A waste guzzling monster like this would tie us into burning lots of our rubbish for a generation. We need to be reducing the amount of waste we produce, and recycle and compost anything left."

The Green Party is totally opposed to incineration for a variety of reasons, including concerns about the effect on human health and the environment and the way that incinerators create a demand for waste. The Green Party believes in the 'zero waste' philosophy, which involves reducing the amount of waste produced, re-using, repairing and recycling materials and environmentally-friendly treatment of residual waste to recover usable materials and compost organic matter. The most effective way to reduce the amount of waste produced is through government taxes on packaging and tax incentives to encourage re-use schemes and businesses that repair and recycle. However, local councils can and must play their part in working towards zero waste, most notably by ensuring there are comprehensive recycling facilities.