Cardiff council has been found guilty of maladministration in its planning consultation for Viridors 185 million energy-from-waste incinerator at Trident Park, Splott.
In a report published on March 26, Public Services Ombudsman for Wales, Peter Tyndall, found that the local authority had failed to publish details of its planning consultation for the proposed facility to residents living in high-rise apartments in Galleon Way, situated 560 metres from the site.
Viridor was granted planning consent for the facility in June 2010, having had a previous application for a similar development on the same site turned down by the council in July 2009 (see letsrecycle.com story).
Members of the Cardiff Against the Incinerator (CATI) campaign group had complained to the Ombudsman that the councils planning process had failed to give publicity to residents living in the Galleon Way area of the city.
Under the Town and Country Planning Order, councils are required to set out details of proposed developments alongside any statement of their environmental impact in at least one place on or near the land to which the application relates.
Publicity
In consulting on the plans for Trident Park development, Cardiff council had sent letters to six neighbouring occupiers and displayed notices at six key locations in communities near the site, as well as in the local press. However, the complaint was upheld as the nearest notice for residents in Galleon Way was situated on the adjoining Lloyd George Avenue, up to half a kilometre away.
The Ombudsman ruled: Given the nature, significance and siting of the proposed development, the consultation exercise fell short of what could reasonably be expected of it, which amounted to maladministration on the part of the council, also stating that: A number of individuals, given where they lived, suffered an injustice through not being adequately consulted.
The Ombudsman did not, however, consider that the extra publicity would have led to a weight of objection to warrant refusal of application for the plant.
In his report on the findings, Ombudsman Peter Tyndall, said: I am not persuaded that the application would have been determined differently even if a higher number of objections had been received. Whilst the strength of local opposition to a proposed development is something that the council as the Local Planning Authority may have regard to in determining a planning application, it is highly unlikely that it would be the decisive factor, especially if the proposal is otherwise acceptable in planning terms, which it appears to have been in this case.
Council
A Cardiff council spokesman said: The council fully accepts the findings of the Ombudsman.
The Ombudsman report states that despite having met and exceeded the statutory requirement for advertising such applications, the council should have used its discretion to consult residents of a tower block over half a kilometre from the site by the placement of a site notice.
However it is worth noting that the Ombudsman also acknowledged the council received wide ranging and detailed objections that were fully considered in a comprehensive report to the Planning Committee and that the rare and exceptional nature of the development had led to his conclusions.
As a result of the ruling, Cardiff council will be required to issue an apology to residents for the error, however the ruling is unlikely to affect the progress of the project as the Ombudsman does not have the authority to overturn planning decisions.
Work on the plant is expected to start shortly, after Viridor announced earlier this month that it had signed a contract with engineering firm CNIM and construction company Lagan to build the facility (see letsrecycle.com story).
The company and Veolia are left in the running for the 1.1 billion Prosiect Gwyrdd deal to treat residual waste for five South Wales councils and the Trident Park facility will feature in Viridors plans for the contract. A preferred bidder for the contract is expected to be announced in autumn 2012.
A spokesman for Viridor said: “The judgement, which applies to Cardiff Council, acknowledged that the planning authority met and exceeded the statutory requirement for consulting on such applications. Viridor also undertook a widespread and thorough community and stakeholder consultation.
Now the matter is clarified it will not delay the construction programme for Trident Park.
CATI has said that it is now planning to write to Welsh environment minister John Griffiths to demand a full public inquiry into the planning and consultation process for the plant.
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