5. Will the Cabinet Secretary make a statement on the environmental impact assessment process applying to the Barry biomass incinerator? OAQ51932

Welsh Government issued a letter to the developer on 14 February stating that we are minded to direct that an environmental impact assessment is required. The developer has responded and we are currently considering the representations that have been made before taking a final decision.

Thank you, Minister. Will you confirm that you will be following that through? You said you've had a response from the company. Because, obviously, the people of Barry want to know whether you will be instigating an environmental impact assessment on this latest planning application to the Vale of Glamorgan Council. Also, I do understand that EIAs are automatically required when a project is classed as a heavier industrial schedule 1 development, in the Town and Country Planning (Environmental Impact Assessment) Regulations 2017, when a plant has a capacity exceeding 100 tonnes per day, including burning waste classified as non-hazardous, and it's anticipated that the Barry biomass incinerator will burn 200 tonnes a day. Can the Minister confirm that NRW will include the Barry biomass plant in the future generations commissioner's review of the environmental permitting process?

I thank the Member for her continued questioning on this area, which I know is of concern to many of her constituents. Our letter to the developers sets out how we were minded to classify the project within the categories set out in the Town and Country Planning (Environmental Impact Assessment) Regulations 2017. Following this response from the developer, we will be giving careful consideration to this screening decision regarding the planning application currently before the Vale of Glamorgan Council, ensuring that it is robust and takes into account the latest case law. 

You also mentioned in terms of NRW and future generations commissioner—Natural Resources Wales and the future generations commissioner met twice to explore and refine how the Well-being of Future Generations (Wales) Act 2015 can best be applied to the development of what are often complex and technical policy areas, such as environmental permitting. The review will look at historic cases, as to look at any current cases, as things stand, could prejudice the decision-making process.

Thanks, Minister, for your statement on the environmental impact and how it will be assessed. Could I just make an additional point that hopefully you'll look into or get the NRW to look into, which is that some residents have reported that there is a lot of noise and smoke outside of the agreed 9 a.m. to 6 p.m. testing window? So, could you investigate that those testing times are being adhered to? Thanks.

Can I thank the Member for raising that? It is something that has been raised with me and with NRW. I understand that Natural Resources Wales have investigated complaints about dust from local residents, and I further understand that another—[Inaudible.]—potential to cause dust. I understand NRW are issuing advice and guidance to a number of companies in the area to make sure all is being done to reduce potential emissions, but of course this is something that NRW will be expected to continue to monitor.

Can I support Jane Hutt's representations to you that we need an environmental impact assessment? That plea has also been made by the Tory-led Vale of Glamorgan Council. There's complete political unanimity on this. If you go down to Barry and talk to anyone, often the first thing they'll talk about is this incineration plant and its sheer scale. We need that assessment and we need NRW to monitor things now most closely, because, really, when the local democratic processes are overridden in the planning process, which of course has happened in this case, then people have to be reassured that the most effective, vigilant regulation takes place.

The Member is absolutely right that people need to have that reassurance that effective, vigilant regulation is taking place. I know that Natural Resources Wales and the Vale of Glamorgan Council are working together to address the concerns of people in Barry, particularly, as we've heard already today, during the pre-commission work of the biomass facility. There's very little I can add to what I've already said in terms of where we are with the EI assessment, but we don't intend to set an arbitrary deadline for the final decision to be made, as the decision, as you can appreciate, requires careful and full consideration of all the issues. But I am very acutely aware of people's concerns.