Written question WQ84370
- Asked by
- Andrew RT DaviesConservative
- To be answered by
- Minister for Climate Change
- Tabled
- Due
- Answered
- Time to answer
- 3 days
Question
Will the Welsh Government continue with the retrospective voluntary process, following Barry Biomass's announcement that it will submit a proper planning application with environmental impact assessment to Planning and Environment Decisions Wales?
Answer
Answered by Minister for Climate Change
Consultation on the developer’s voluntary environmental statement has been undertaken to inform the Welsh Ministers’ consideration of its duty of sincere co-operation in relation to the breach of the Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999 (“the EIA Regulations”) in relation to planning application 2015/00031/OUT.
Planning and Environment Decisions Wales (PEDW) is dealing with an appeal from Biomass UK No.2 Limited against an enforcement notice served by Vale of Glamorgan Council. PEDW will appoint an independent inspector to advise the Welsh Ministers on whether to allow or dismiss the appeal. There are environmental impact assessment (EIA) procedures that must be followed as part of the appeal process, set out in the Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 2017, which include the production of an environmental statement.
The enforcement appeal and duty of sincere co-operation are separate decisions and therefore the recent consultation on the voluntary environmental statement is not a substitute for the EIA procedures that enforcement appeals must follow. The representations received through the consultation currently being collated by Wardell Armstrong will inform the Welsh Ministers’ consideration of its duty of sincere co-operation.