9. What consideration has been given by the Cabinet Secretary to the call for an environmental impact assessment for the Barry biomass incinerator? OAQ52131

I want to ensure our actions as a Government uphold our international obligations in respect of environmental impact assessments. Officials are giving careful consideration to compliance with the EIA directive, taking account of the representations of the developer and those of the Docks Incinerator Action Group and others.

Thank you, Minister. You will be aware, of course, of the widespread public and political concern regarding the opening of the Barry incinerator, which had adverse impacts on the local population during its pre-commissioning phase. We also await the review of permitting by the future generations commissioner as well. It is important that we have a timeline on your decision, and would you agree with me that it's inappropriate that the company should be claiming that the biomass incinerator will be opening by the end of this year when we still haven't had your decision about the environmental impact assessment?

I thank the Member for her question. I know it's something that she's raised over a number of years, and regularly with me since coming into post. I fully understand the frustration of both the Member and the residents of Barry with the time it's taken to reach a final decision on whether an EIA is required for the Biomass UK No. 2 project. The time is unfortunately necessary as matters raised by interested parties are complex, and we need to be sure that the final decision complies with the law and ensures that the environment is properly protected. 

Just to add in terms of—. Whilst I can comment on the intention of the developer to start operating the plant by the end of the year, enforcement is a matter for the local planning authority. But such matters could come before Welsh Ministers on appeal. Obviously, the Vale of Glamorgan planning department are aware that the Welsh Ministers are considering the potential need for an EIA in respect of the latest planning application, and have indicated to officials that they will not determine the application until a final decision is made. 

Just briefly, you raised the future generations commissioner's look at the review of permitting, and I can say that the project's progressing well. There have been a number of meetings, both with Natural Resources Wales and Welsh Government officials, and I look forward to any recommendations about how we apply the Well-being of Future Generations (Wales) Act 2015 to the development of complex and technical policy areas such as environmental permitting. 

Minister, you are most probably aware that the Vale of Glamorgan Council at full council in February supported a motion proposed by Councillor Vincent Bailey to make sure that there was an environmental impact assessment undertaken. And I do declare an interest in that that councillor does work for me—[Laughter.]—just to put it on the record. But it is a statement of fact that parties from across the chamber in the Vale of Glamorgan Council voted for this action to be taken. You in previous questioning sessions have indicated that you are minded to have an environmental impact assessment. The constituency Member indicated that some timeline and understanding of when that decision might be taken would be greatly appreciated by all concerned in this matter. Can you at least give us a timeline that you are working to as a Minister to make that decision? I appreciate you have to take consultations and views on board from a broad spectrum of stakeholders here, but you must now, at this stage in the process, have an idea when you will be in a position to make that decision. 

I thank the Member for his contribution there. I'd refer back to what I said to the constituency Member in terms of time frame. I do understand why this is causing so much concern and frustration, both for representatives and for people in the local community. But we are actively currently considering the representation made, and we do not intend to set a deadline for the final decision on EIA to be made, because the decision requires careful and full consideration of all the issues to withstand legal challenge. The case raises complex issues about how the need for EIA to accompany applications to amend conditions, which are taking some time to work through. By taking this time to fully work through the issues, I believe we will be issuing clearer guidance on EIA procedures that will benefit all those working with the planning system. So, it's essential to ensure that the decision complies with the law, so that it is fair to the developer, but more importantly, ensures the environment and the local community are properly protected.

There are real lessons for all of Wales in what's happened in Barry. It is frankly astonishing that such a major project in such a built-up area with such potential health effects could have got a go-ahead, or got so far, without an environmental impact assessment being done. I'm grateful for the letter I received from you this morning around this, which, more or less, repeats what you've just told the Chamber. Well, that's fine, but what I do want to understand, because there are lots of concerns in other parts of Wales that are facing similar biomass plant applications at the moment, is if it does transpire that this whole process should have had environmental impact assessment work done a lot earlier, will you ensure that that is done, even though the process has gone a considerable way along the route? And bearing in mind here what does sometimes happen in planning terms, in that people can do retrospective planning applications or they can disallow what should have happened because they say things have gone too far, if it does turn out, under the EU directive—which we still have, of course—that this project, with all the additions and changes that have been done to it, should have been done under the directive that requires environmental impact assessments, will that happen regardless of the fact that the project has got, as Jane Hutt mentioned, to a stage where the developers are already giving dates for it to begin?

I thank the Member and I'm glad that you received the letter following your question in business questions in Plenary last week and I hope that helped update you on where we are.

As I said to the Member previously, I'm unable to comment on the intention of the developer to start operating the plant by the end of the year, but the Vale of Glamorgan planning department are aware that we are considering the need for an EIA in respect of the application and I've indicated to officials that they will not determine the application until a final decision is made. I'm well aware that a number of wider issues have been raised, not just within this instance, but in terms of how we operate EIA and environmental permitting. So, I am very keen to work closely with officials, with NRW and with the future generations commissioner to see how we can identify how we can apply in the future, particularly within the context of the Well-being of Future Generations (Wales) Act 2015, to these, what are often complex and technical policy areas and ensure that they meet our environmental obligations.

Thank you, Minister and Cabinet Secretary.