Cardiff Council in league with Viridor over Incinerator Ash

Cardiff Council in league with Viridor over Incinerator Ash

Cardiff Against The Incinerator - CATI were alerted over the growing hillock atop the landfill since early January, with excavators, dumper trucks and conveyors working it.

Thousands of tonnes of Incinerator Ash dumped at Lamby Way

Lamby Way tip, worked by two excavators

The Council is now spreading hundreds of tonnes of incinerator grate-ash on the Lamby Way tip, even operating a conveyor in the open it appears, creating clouds of dust.  Of course the Council claim no dust blows off-site, yet a Cardiff University study a few years ago found ultrafine dust from normal landfilled materials.  

 They claim it's not toxic, but the Cardiff University study showed the ultrafine dust to be harmful to human cells. So CATI arranged a visit to the site, questioning the landfill manager and establishing this is bottom ash from Viridor’s. 

CATI’s delegation was taken up to see the operations on Wednesday 28th January.  A large amount of metal is visible in the raw ash, from cans to large pieces from industry.  This despite the requirement on Viridor to separate metal from the ash in their works.

 It’s a large operation – over 200 tonnes per day (10-20 lorry loads) of incinerator ash, still warm and steaming, are coming from Viridor.  The peak day has been 600 tonnes.  This is to continue for 9 months (at least), some 70 000 tonnes.  Despite the requirement on Viridor to recycle all the ash, as construction fill or building materials, the Council is taking the ash and profitting by  £150 000.

Ash screening machine, with pile of wet ash
building mid-picture, the metal and clinker
separated out

Cardiff has brought in a private company to screen metal from the ash; the shaker-riddle and conveyors appear to deal with with only part of the incoming tonnages. The Council say the metal screening is cost-free; sale of the dirty metal pays for the operation, the Council sharing in the profits.

Refusal to allow pictures

Lamby Way’s Manager, Paul McGrath, refused to let us take pictures or samples, despite their being a public body.  CATI considers the Council has a duty to be open and has no right to control photos of what we the public can see.  We’d challenge them – what have they to hide?  If it’s the extent of their collusion with Viridor, then this deserves full exposure.

In this case, we didn’t need to hire a drone to photograph it from above, as the operations can be seen through binoculars and a good camera can take pictures from outside the site.

High Court Judge rules against CATI

After repeated delays the High Court Judge rules against CATI - we will appeal
There is already a copy available here 

CATI are disappointed that judge Wyn Williams has turned down the application in Pauline Ellaway's name to quash the planning permission granted by Cardiff in February 2013.  Important points are overlooked in the judgement.

Pauline said she'd rather expected a negative judgement from the judge's questioning at the hearing in Cardiff High Court on 17-18 December, adding that she'd preferred the specialist judge who had been first nominated to hear the case.

The lawyers - Alex Goodman plus Richard Buxton Environmental and Public Law firm - advise that the case should be appealed and are putting in an urgent request for continuing funding for the Appeal Court stage.  

That companies could build without planning permission and the public authorities could delay any action to stop the unlawful construction for over six months would be a big hole in planning law if allowed to stand.

The Viridor application has higher status as “EIA-development” and is subject to European planning law.  Breaching this law means the case could proceed to European level.

Granting retrospective permission for much lesser EIA-works, without securing evidence on those works, was quashed recently (HHJ Mackie QC on Padden, 22 Jan’2014) by a High Court judge in England.   

After this start in the Cardiff High Court, CATI are hopeful the case will be won at the next stage.

High Court decision deferred till New Year

The High Court case concluded at 1pm today, with the Judge Wyn Williams adjourning his decision until some time in January.  Yesterday, we had good coverage on BBC Wales and today an article in the Echo:

http://www.walesonline.co.uk/news/local-news/cardiff-council-attacked-over-city-6415351

Barrister Alex Goodman whose acting on behalf of CATI’ Pauline Ellaway told the Judge that Cardiff council had flouted regulations and allowed waste management firm Viridor to build in Splott when it should not have done so.

Dubbing the council’s actions “procedurally inept” he claimed the authority’s reports and consultation process were flawed and that it failed to stop work when it should have.

Mr Goodman said CATI’s “submissions fell on deaf ears because work was allowed to proceed.  No robust action was being taken in respect of development that was continuing apace.” 

Best thanks to our Pauline for staying the course!

Pauline v Cardiff Council in the High Court

Like Like  Pauline v Cardiff Council in the High Court on Facebook 

Full legal hearing to quash Cardiff's approval of the Viridor incinerator as unlawful - and stop the construction - opens on Tuesday 17 December in the Cardiff High Court.

Leading environmental lawyers, Richard Buxton, are representing CATI member, Pauline Ellaway.  In the first stage High Court verdict on 1st October, Judge Curran was appalled at the Council's catalogue of errors.  Do come along and encourage the full hearing for orders on the Council.  Do drop in on the Court hearings for an hours or two, during 10am-4pm on the two days 17-18 December.

Keep a lookout for updates here or via Twitter

Contact 

Cardiffagainsttheincinerator@gmail.com

Pauline Ellaway 07837 346114

Max Wallis 07714 163254

Dave 07504 323422 or via william.prosser@btinternet.com

Anne Greagsby 029 20190087

Russell Goodway highly Secretive over Financial Risks of illegal State Aid

FINANCE AND ECONOMIC DEVELOPMENT WRITTEN QUESTIONS: COUNCIL, 24 OCTOBER 2013

W18 WRITTEN QUESTION FROM COUNTY COUNCILLOR McEVOY

Could you outline legal written advice given regarding Cardiff’s financial exposure with Prosiect Gwyrdd and allegations of the Welsh Government grant contravening state aid rules?

Reply

I am advised that any such advice would be covered by legal professional privilege and it would not be appropriate for this to be disclosed publicly.

Note - 'priviledge' is not absolute: "Legal Professional Privilege (“Privilege”) entitles a client to refuse to disclose certain confidential, legal communications...  It protects confidential communications between a lawyer and his client provided that the communications are for the purpose of seeking and receiving legal advice in a relevant legal context." 

Why the false answer from Goodway, if not to mislead?

• Written Questions (60k)

CARDIFF INCINERATOR FIGHT GOES TO HIGH COURT

CARDIFF INCINERATOR FIGHT GOES TO HIGH COURT

Cardiff campaigners against a giant incinerator at Trident Park, between Splott and Cardiff Bay, have renewed their fight at the High Court.

  Acting on behalf of local residents, environmental law firm Buxton's of Cambridge have submitted fresh applications to stop building work on the site by multinational corporation Viridor.

  In particular, Cardiff Against the Incinerator (CATI) campaigners want a High Court judge to quash the recent decision by Cardiff Council not to enforce planning consent conditions after six months of unlawful work on the site. Their original submission has been reformulated in the light of recent council decisions.

  CATI chair Robert Griffiths today accused the Cardiff Council of undermining the law by allowing building work to proceed without the necessary permits and permissions.

  'The whole planning permission process has been an undemocratic shambles. The wishes of local people and businesses have been ignored and councillors have tied themselves in knots as officials have tried to steamroller Viridor's scheme through the council', he declared.

  CATI have already secured agreement from the High Court for a swift judgement on its application to halt building work and enforce planning conditions on the company.

  But now campaigners have to raise £3,000 towards the costs of the court challenge. 

  'We are confident that local residents and businesses will respond generously to our appeal, knowing that an incinerator presents major health, safety and environmental hazards', Mr Griffiths insisted.

  He dismissed recent claims by Viridor and Cardiff Council that the scheme could bring extensive and cheap piped hot water to the city as 'a pipe dream full of hot air', pointing out that similar pledges have rarely materialised in relation to other incinerators across Britain.

END

1]  The request to the Cardiff High Court lodged on 26^th  March is for the following:

a)      An order quashing the grant of subsequent applications approval dated 25 February 2013;

b)      A declaration that the decision of the Council to treat the subsequent applications approval as retroactively permitting the unlawful works and rendering enforcement action inexpedient was unlawful;

c)      An order requiring the Council to reconsider enforcement action against the unlawful works;

d)    An order directing the Council to issue an enforcement notice and/or stop notice prohibiting further continuation of unlawful development;

 [2] 25-year contract for £600million between the 5 Local Authorities, of which Cardiff will pay ~£250 million.  The Council voted through the Labour Cabinet recommendation, without referring it to the Scrutiny Committee and with Labour and Tory groups supporting it en bloc.

 [3] Entirely unsuitable for the Splott and Cardiff Bay site on grounds of lorry traffic, flood risk, hazard to health and processing  hazardous ash. It's also unsuitable for use of the huge quanities of waste heat, because the claims for a city-wide pipe network are unviable fantasy, not part of a full district heating scheme meeting the big seasonal variations in demand.

Appeal for our Community Legal Action fund 

Please contribute to our £3,000 legal action fund. You can do this by:

Making a donation by cash or cheque (made payable to 'CATI') and sending it to CATI, 58 Janet St., Splott, Cardiff CF24 2BE.

Donation to an accredited CATI representative (who will have proper ID).

Phoning David Prosser on 029 20791993 (h), 07504 323422 (m) or emailing us at cardiffagainsttheincinerator@gmail.com  to arrange a visit.

Paying online into our account (The Cooperative Bank, Sort Code 08-92-99 Account No. 65423583) or at the Bank in High Street, central Cardiff.

Paying online via PayPal at www.ukwin.org.uk (add “for CATI/Cardiff” in the comment box on second page, called 'Review Donation').

Notes to editors:

[1] The applications to the High Court have been submitted by Richard Buxton and Partners on behalf of local resident Pauline Ellaway.

[2] The case will be heard in Cardiff and a judgement is expected within the next six weeks.

[3] The applications are to quash as unlawful the decisions of Cardiff Council on February 13 and 25, 2013, retroactively permitting unlawful work and declaring enforcement of planning consent conditions 'inexpedient'; and to issue a court order requiring the council to reconsider its actions and whether to an enforcement and/or stop notice in relation to unlawful development at Trident Park.

[4] Robert Griffiths can be contacted on 07790 8841337 (m) and Pauline Ellaway on 07837 346114 (m)  029 20318519  (h)  

High Court challenge lodged to stop work on Splott incinerator site

• By James Al-Mudallal, WalesOnline
• Mar 29 2013

Read more: Wales Online http://www.walesonline.co.uk/cardiffonline/cardiff-news/2013/03/29/high-court-challenge-lodged-to-stop-work-on-splott-incinerator-site-91466-33080967/#ixzz2OwICSbR8

Cardiff Planning Shambles over Viridor Incinerator

On 13^th Feb.  Cardiff Council planning committee considered over 6 months late a dozen applications to approve or reject Viridor's incinerator.  

Rob Griffiths, chair of CATI, said to the Planning Cttee:

“This is further evidence of what a complete shambles council  policy is. They have a Court action against them for failure to act over 6 months against Viridor's unlawful construction of an incinerator. The High Court legal action is to kick off in two weeks."

“Cardiff Council will have to face up to the fact sooner or later that Viridor have been quite prepared to proceed without proper authority and contrary to planning regulations… and utter contempt for the views of local residents and businesses about the economic and health detriment.."

Adventurers Quay Management Company Limited and the 226 residents who live there.

wrote to County Hall expressing support for Cardiff Against the Incinerator.

All the applications were approved, if with some opposition.  Cllr Adrian Robson in particular tried to object on grounds of flood-risk, but he was bullied by officers who insisted he needed technical reasons.

A letter from Environmental & Public Law firm, Richard Buxton, was distributed to the Committee, warning them to expect High Court action.  A Councillor brushed this off, saying legal action would follow whatever they decided.  The Council legal officer wrongly dismissed Buxton's arguments as already addressed in their report, apparently unconcerned with professional accuracy.

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 bais that little w2ork was to be done over the Xams/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

CONTACTS

Dave Prosser, Press Officer, Cardiff Against the Incinerator,  tel. 07504 323422

Pauline Ellaway, Bayside, Cardiff......       tel.  07837 346114  "pauline ellaway" <p.ellaway@hotmail.co.uk>, 

Max Wallis tel. 07714 163254

Lisa Foster, Richard Buxton Environmental and Public Law, Cambridge CB1 1JP
Tel. (01223) 328933    email: lfoster@richardbuxton.co.uk

Prosiect Gwyrdd - Tara King needs to declare interest

With Prosiect Gwyrdd/Incinerator gravy train for consultants and advisers.. trundling on... postponing the next meeting. Still waiting for the revised the financial assessment- and Final Business Case

Whos who 

Tara King started life as Project manager for Prosiect Gwyrdd then we have Tara King, Cardiff council’s chief officer for waste management, 

More recently risen to Chief Officer for Cardiff Council City Services

Now for Prosiect Gwyrdd meetings going along as  Tara King, Business Advisor, Cardiff City Council 

Tara King Project Gwyrdd manager stated that "all need to‘sell’ the message of PG to wider stakeholders e.g. The Market professional bodies like CIWM." (19th March 2008, County Hall, Cardiff )

....amazing bias...

Just have a look back to 2010, questions we still have no answer to..we know Councils will be paying £166 a tonne when other councils in UK are paying only £56 a tonne  to wastefully burn their rubbish.

what we were saying ...Wednesday, March 10, 2010 Questions for Prosiect Gwyrdd

The NOT GREEN Prosiect 'Gwyrdd'  = project massive incinerator (Gwyrdd is welsh for green!) The 2nd joint scrutiny meeting is tonight!

10th March 2010 at 5.00 pm Committee Room 4, AtlanticWharf, County Hall, Cardiff -Prosiect Gwyrdd Joint Committee Agenda 10/03/10 (294k)

 Minutes of last meeting!! This was their first meeting  and minutes tell you Zilch!

Financial Position: Month 10 2009/10

Questions for Chair Cllr Mark Stephens Lib Dem and Tara King Project Manager Prosiect Gwyrdd

• Has the financial assessment been revised to take into account the falling tonnages of residual waste (rather than increasing tonnages assumed)?

• Has a financial assessment been calculated for scenarios in which residual household waste meets the targets given in the draft new Waste Strategy for Wales (maximum 295 kg per inhabitant per year in 2012-13, decreasing to 150 kg per inhabitant per year by 2024-5)?

• what is the risk of choosing Viridor-type incineration, if incinerator bottom ash is found to be hazardous waste (cf. the EA says this is to be taken as the default) ?

• what is the risk if CO2 from incineration is counted(it isn't at the moment) as adding to the carbon-footprint of 'waste management/disposal', as needed to conform with the EU ETS scheme, whereby the waste sector has to reduce CO2 equiv emissions by 16% (2020 levels compared with 2005)?

Tara King Project Manager Prosiect Gwyrdd wrote in Nov. that they haven't revised the financial assessment- and won't do so till the Final Business Case (after they've excluded better/cheaper options):

"reporting the Final Business Case (FBC). The FBC will not be proposed to Members for a decision for 18-20 months or more from now, the procurement is expected to take that long."

"Whichever way this Project is assessed, there are very significant affordability issues"

OBC Health-Check Addendum 2009
and in para 8.11.8. 9 "Given the magnitude of the ‘Gap’ that arises under both options, it is clear that partnering authorities will face a significant financial challenge to manage their future residual waste arrangements, irrespective of the final option that is chosen."

Tara King Project Gwyrdd manager stated that "all need to‘sell’ the message of PG to wider stakeholders e.g. The Market professional bodies like CIWM." (19th March 2008, County Hall, Cardiff )

Title: Prosiect Gwyrdd Joint Committee

---

Description: Prosiect Gwyrdd Joint Committee
Location: Committee Room 4 County Hall
Date: 10/03/2010
Start: 05:00 PM

Prosiect Gwyrdd Joint Committee Agenda 10/03/10 (294k) 

Prosiect Gwyrdd: Joint Committee Meeting

Meeting No: 02-10

Date & Time: 10th March 2010 at 5.00 pm

Location: Committee Room 4, Atlantic Wharf, County Hall,Cardiff

Membership: Councillor Mark Stephens (Chairperson)

Councillors Lyn Ackerman, David Atwell, Geoff Cox, David

Fouweather, Margaret Jones, Gordon Kemp, Colin Mann, Phil Murphy,

Eric Saxon
***

FIRST Meeting  - Minutes of last meeting!! Zilch

Financial Position: Month 10 2009/10

CARDIFF COUNCIL TO PAY £166 A TONNE while other Councils pay only £56

Prosiect Gwyrdd Rip off to pay far over the going price for Waste Incineration.

CARDIFF COUNCIL TO PAY £166 A TONNE while other Councils pay only  £56 

and to pay this rip off price for 25 years!

Prosiect Gwyrdd (Project Green) rip off applies to all partnership councils  

1. Cardiff Council, 
2. Caerphilly County Borough Council, 
3. Monmouthshire County Council, 
4. Newport City Council and 
5. Vale of Glamorgan Council.

The official survey by WRAP - 2012 Gate Fees Report *- finds that

the median gate fee for energy-from-waste incineration is £65 per tonne The lowest PFI-type incinerator contract has gate fee of £56 /tonne

In comparison PG calculated a 25-contract based on 2010 cost levels of £36.6 Million for 220 000 tonnes supplied to the incinerator (transport costs borne by the Councils). This means they were ready to pay £166 per tonne.

Why did PG think that was a good deal?  Not just that they wanted an incinerator built in South Wales, but it was based on PFI-costs in England, which have high bank charges.  Their scheme would rip-off Council taxpayers and provide cut-price capacity for businesses at similar rates to those reported by WRAP

Face of Prosiect Gwyrdd
Ian Loyd Davis

Prosiect Gwyrdd excuse the 25 yr-long contract by saying we get a better price! The officers even guessed a 10-yr contract would be twice the price, before the WRAP figures came out.  The evidence of these figures is of a worse price.  Former PG Steering Cttee member, Caerphilly's Colin Mann, recently repeated this, so did he ever ask for evidence? Seems cllrs are being severely  'mislead' by Prosiect Gwyrdd people. 

No wonder Viridor is so keen to build an incinerator/gold mine in Cardiff and Veolia trying to build in Newport

The PG comparative cost per tonne is available from the annual 25% subsidy (index-linked ) approved by WAG of £9.124M in April 2009 (based on secret OBC ‘Health Check’ figures of 2010), making £36.5M total. For the 220 000t pa, this gives £166 per tonne, higher than the maximum £131/t for new PFI-incinerators given below.  WRAP warns that the £166 /t gate fee for PG may not be directly comparable with those at older incinerators (£32 - £101 /t).  Still £166 /t compares badly with comparison with Defra-agreed PFI schemes of £56-102 /t (median £76 /t).

 Table 1   

EfW                 Pre-2000 facilities                   £64  median                            £32 to £75 range 

 Post-2000 facilities                 £82                                          £44 to £101

                         Defra Gate fee data [9]

             <200kt                                    £90                                          £79 to £131

  200kt to 300kt                       £76                                          £56 to £102

                         350kt to 450kt                        £68                                          £57 to £78

 [9]  Defra information on PPP/PFI projects that have reached contract closure in the last 5 years or are about to reach contractual close in the next 12 months.

*Download the full report - WRAP Gate Fees Report 2012

The Gate Fees report aims to raise price transparency and, through improving the flow of information, enhance the efficiency with which the waste management market operates.  A lack of market information may reduce a local authority's ability to make informed decisions on waste management options in terms of both economic and environmental costs.

Lawyers start on Court Action
CATI's environmental law firm, Buxton's, fired off two challenges today, Friday 7th, against the Council's new 'consultation' and demanding enforcement action to stop Viridor's construction. They gave the Council six days, otherwise High Court action.

IMPORTANT meeting of CATI on Monday
# to consider the Court action and publicity for it
# to discuss fund-raising in the community – volunteers please!

     At the Old Illts Club, Splott Bridge, 
                                           7pm Monday – DO JOIN US!

Cardiff Council re-issues Applications for Viridor Incinerator

Cardiff Council re-issues Applications for Viridor Incinerator

Applications issued in July to settle the planning pre-conditions were stalled due to substantial objections from CATI have just been re-issued for 21-day consultation (see ref. 10/00149/E onhttp://planning.cardiff.gov.uk/online-applications/). The Council’s consultants, Atkins, accepted that CATI’s objections are correct over the incinerator bottom ash being potentially hazardous so that the planned processing into building aggregate is excluded, but Viridor have not answered.  CATI’s objection over likely flooding of the site is also conceded – Viridor’s agents say they will store storm water in “low lying external site areas”  - but they propose no changes to meet the limits on discharges to sewer and overflows. 

CATI (Cardiff Against The Incinerator) says that Cardiff Council should now be obliged to halt Viridor’s unauthorised construction of the incinerator.  In July they promised “robust enforcement” against building before Conditions on the planning permission had been finalised, now let’s see it, says Max Wallis of CATI.

Our petition to Welsh Assembly

The petitions committee have responded;

'The committee agreed to:

• Write to Cardiff Council asking for details of how they consulted on the incinerator plans prior to planning application being granted, highlighting the concerns of the petitioners about the robustness of the process, and asking what monitoring, safeguards and restrictions are in place;
• Write to Environment Agency Wales highlighting the petitioners concerns and asking for more details on the assessment process undertaken prior to the environmental permit being granted.