Welsh Government as Cosmeston developer must comply with FG Act

Cosmeston coastal development  on public land: 

FoE call on Jane Hutt to ensure her government's Estates Dept. complies with the Future Generations Act.

Though the Welsh Government owns the land, it is behaving as a developer maximising its "assets", so Barry & Vale FoE are pressing Jane Hutt to intervene.   The Future Generations Act is toothless if Mark Drakeford's Cabinet allows their Estates department to ignore both the spirit and the letter of the Act.

Max Wallis points out

"The Welsh Government have hired Asbri Planning who aim to build a housing estate with apartments up to 9 storeys. not even a shop and no remedy for the lack of health and public transport facilities in lower Penarth. They would build right up to the coast, leaving space only for the Wales Coastal Path which could erode away in a generation or two."

Keith Stockdale says

"I can hardly believe the Welsh Government want to build here, in green fields used by migrating birds, next to the Severn Special Area of Conservation and threatening the Wales Coastal Path. 

When the sea erodes this and the next open section, the Coastal Path
would have to be diverted through the new housing estate

We are asking Jane Hutt AM whose constituency covers this area and Vaughan Gething who covers Penarth, to meet local objectors at Cosmeston to see for themselves the threat of the Welsh Government as developers to our precious environment and discuss sustainability principles for the use of this public land.

FoE's letter of 28 October says:

to Jane Hutt AM for Vale of Glamorgan

Cosmeston development: ensure the WG section complies with the Future Generations Act and uses its land here for sustainable development

You will be aware the Cosmeston (Upper Farm) development is by the Welsh Government, who have hired Asbri Planning** to manage the scheme. The WG could be using their land positively; however, officials at the public session told people their aim was to “realise their assets by building on the land”.

They have no intention of remedying the lack of local shops, health and community services in the adjacent housing estates, resulting from the non-sustainable expansion of housing sprawl over the last decades.  Your Cabinet colleague Julie James* told housing developers to build communities, not estates, and promised “government leverage to stop that happening, not to help it to happen."

Asbri have no intention of reserving a strip along the coast for public recreation and/or for safeguarding the Wales Coastal Path for future generations against coastal erosion.

They do not aim to protect the Severn Estuary ‘Special Area of Conservation’ or to respect the RAMSAR status of the coastal strip in providing for migrating birds.

They have no intention of planning for the Metro to be extended to this estate and a Cosmeston terminal, omitting to mention or even consult Transport-for-Wales over possible re-opening the rail-line for future metro-trans

Despite the site being remote from Penarth (the ‘service centre’), they haven’t assessed how far facilities could be comfortably reached by walking or cycling and what new provisions should be provided locally to make this development together with the neighbouring housing area (Lavernock Park estate etc.) “sustainable”.  The dearth of shops and complete absence of GP services in lower Penarth are obvious issues.

Asbri Planning say on community facilities that their team discussed “options for community facilities in the area” with C&V University Health Board, not the appropriate VoG Public Services Board. 

Asbri’s pre-planning consultation just asked people to say if they are in favour or against the development and give reasons.  That shows no openness to ideas on designing for all the sustainability issues.

EIA “scoping” is supposed to address such issues, but failed because your Welsh Government planners failed to act independently in their scoping role.  The Vale of Glamorgan asked only for a school, their direct responsibility.  The Welsh Government did not reply from their responsibility for Transport for Wales, CO2 emissions, future generations etc.

Would you therefore intervene and inform the estates section of the Welsh Government that they are bound by the Future Generations Act.  They should issue new instructions to their consultants Asbri – the ANNEX below contains our specific proposals.

You will be well aware that there are poor developers who aim for minimum standards, and good developers who put high weight on sustainability.  Now the Government have declared a climate emergency, you have surely to instruct your estates department to join the latter category.

We’d invite you to meet representatives of local critics on-site and at the Cosmeston Park café at a convenient time, and look forward to hearing from you.   

   Friends of the Earth Barry&Vale

   -----------------------------------

* Ministerial address to the Tai 2019 Conference:  bbc.co.uk/news/uk-wales-politics-49016996

** Asbri Planning documents on  their website, before they blocked it:   https://www.asbriplanning.co.uk/statutory-pre-application-consultation/cosmeston.  

ANNEX: Need for WG to issue new instructions to their consultants (FoE propose)

            WG Estates are presumably in the portfolio of the Minister for Finance, Rebecca Evans AM

1. assessing the dearth of health and community facilities in lower Penarth and giving priority to mitigating them
2. public transport into Penarth by-passing traffic congestion - metro-trams and buses through the adjacent housing area (via bus-only gates)
3. planning for a metro-tram Cosmeston station, serving the Cosmeston Lakes Park as well as the local housing
4. leaving a wide coastal strip, safeguarding the Wales Coastal Path from erosion for at least five future generations, to keep it as a rural wildlife-rich path buffered from any urban development.
5. meeting WG obligations under RAMSAR, to keep urban development off the coastal area used by migrating birds
6. sponsor a trial archaeological dig to assess what areas need safeguarding from development (thought to be part of the Cosmeston medieval settlement).
7. carry out an Equality and Health Impact Assessment, which would bring out need for design of bus-access safe for schoolkids, safe-routes to the school, and for a 20mph speed limit (not the 30mph they propose)  
8. providing renewable energy generation and zero-CO2 homes (stronger eco-insulation standards)
9. guarantees to fund car-charging points and social (uneconomic) public transport on Sundays and evenings. 

Saving Dinas Powys woods and meadowland on the Cadoxton Brook

NRW’s flood-protection engineers propose to save about 200 homes in Dinas Powys from flooding by erecting a massive dam, 3.5metres high across the 100metre wide valley.  

On the few occasions of  1 in 100 year floods, the water would back up as far as Michaelston-le-Pit.  More frequently it would flood the meadows and the ancient woodland bordering it, killing some through the repeated waterlogging.

Some 350 people turned out on Sunday 14^th Sept. to walk the area and hear the case against by the Save Dinas Woods group.

Under a magnificent oak tree, Cathy speaking to the crowds.

The Woodland Trust who own the meadows and woodland supplied information and support.   As for last year’s  Roath Brook scheme, the NRW are over-riding objections on sensitive landscape and ecology; it seems they can sequester land deemed necessary for flood protection, agreeing compensation afterwards.  Just guess what value the compensation system will place on irreplaceable woodland.

Fortunately, the dormouse has been found to inhabit the woodland margins.  The Habitats legislation covering European Protected Species, requires NRW to look at alternatives that do not damage the dormouse habitat.  They cannot promote their favourite, but must seriously consider alternative measures, which include tree planting upstream to hold back heavy rainfall, diverting steams onto fields to delay peak flows, excavating the brook to increase the flow downstream (and flood the Biglis and Sully Moors fields).

The Roath Brook scheme was on the verge of being stopped by the water vole – unfortunately the kingfisher did not count, as not a protected animal.  However, the presence of the voles was uncertain at the time the  scheme was underway.  Finding the dormouse in the Dinas woodland at this early stage should stop NRW’s huge and hugely damaging £5-7million dam.

The Dinas Powys group provides much information and document links here; they also have  Facebook and Twitter accounts.

Excessive Fish-kill by Hinkley's new nuclear plant

EdF proposes to maintain and increase massive fish-kill at nuclear cooling water intake
                                      FOR our Formal Response, click on the Button above

Protected species of Twaite shad, lamprey and eels are threatened by Hinkley Point’s nuclear cooling water intake, among the 500 000 shrimps and sprats sucked in daily, with half killed off.

This issue features in the Sunday Times of 21 July.   https://www.thetimes.co.uk/article/nuclear-power-plant-will-suck-fish-to-their-deaths-zm6cmj0ft

Friends of the Earth, Barry&Vale group support the objections of marine conservation and fishing interests to the company’s application. The law requires best endeavours to avoid killing any of the protected species.

NNB Genco propose not to use an acoustic deterrent system, saying it’s inefficient for eels and lampreys.  We argue (as does an ex-EA staff member who worked on HP regulation) this means NNB Genco have to develop enhanced acoustic systems or some other method for avoiding fish-kill.

We emphasise species that have protected status under the Habitats and Species regulations – eels, lampreys and Twaite shad.  These are also designated species for the Severn estuary ‘Special Area of Conservation’.   

NNB Genco’s case is unacceptable.  They use 10-year old sampling in which eels and lampreys were crushed within around a million sprats and shrimps, giving quite unreliable estimates.  Second, the design speed of the flow (0.3metres/sec) is several times higher than low-speed intake as might enable swimming away.  Third they propose to use a larger than optimum 5-mm mesh, which would stop Twait shad but damage juvenile lampreys and elvers.

The protected status requires that intake systems are designed to avoid harming lampreys and eels/elvers to the maximum possible.  Far from trying to meet this requirement, the company and Env Agency are even accepting a large mesh size (5mm) that is contrary to the Eels Regulations.

We are concerned that the Welsh government have not responded to the consultation, though they are directly responsible to the Welsh side of the Severn Estuary SAC and Welsh fish stocks and protected species are under threat.

Background NNBGenco has applied to omit an acoustic fish deterrent system from the intake, so the English Environment Agency are 'consulting' over allowing this, rather than forcing them to develop a suitable deterrent and exclusion system.  

Friends of the Earth, Barry&Vale group are the nearest Welsh FOE group to Hinkley Point.  We campaigned against the dumping of nuclear mud in the Severn Estuary SAC, near Penarth last year. The 200 000tonnes of mud was excavated in order to build the huge cooling water intakes – which will suck up to 250 000 fish to their deaths each day (Sunday Times article).

How to object:  documents and objection letters can be viewed at   http://ow.ly/TWYh30nVm6q.  It's open for objections till 26thJuly; the 'deadline' has twice been extended by one month.

FOE Campaigning to cut Plastic Pollution

Friends of the Earth Barry&Vale see the declaration of plastic-free towns, as Penarth, to have little bite.  Replacing plastic covering on a few items by a small fraction of traders does not merit a 'plastic-free' title.

The Surfers-against-Sewage campaign was out-distanced by the new single-use plastics directive agreed by the EU last December, which will enter into force by mid-2021 [1].  FoE wants Britain to sign up to this, come Brexit or not.

The directive targets the top 13 products most commonly found on beaches – plastic plates, cutlery, expanded polystyrene food containers, cups, straws and cotton buds are all banned.

In Britain, the Phase-out of Plastic Pollution Bill, which has been drawn up by Friends of the Earth and the National Federation of Women’s Institutes (NFWI), was presented to Parliament by Alistair Carmichael MP in January, with support from a cross party group of MPs.

Max Wallis FOE member in Penarth says pressure is needed to pass this new law, tightened up by the parliamentary process, to ensure tough and timetabled action to tackle the crisis in plastic pollution.

The Phase-out of Plastic Pollution Bill, includes:

• A statutory long-term target to phase out all but the most essential uses of plastic by 2025.
• Add further categories to the European list of products (plastic sachets, disposable coffee cup lids etc.)
• Establish an independent advisory Committee on Plastics Pollution to advise on policy measures to achieve the targets and develop a list of essential plastic uses.

                                                Friends of the Earth Barry&Vale  14 May 2019

[1] https://friendsoftheearth.uk/plastics/how-we-fought-new-eu-rules-stop-plastic-pollution

[2] https://friendsoftheearth.uk/plastics/new-bill-cut-plastic-pollution-presented-parliament 

Archaeology celebrated in Senedd - ignoring destruction of major site at Five Mile Lane

A Short debate 5^th December in the Senedd on The Neolithic in the Story of Wales: Valuing the achievements of prehistory (NDM6891) was led by David Melding, AM for South Wales Central.  neolithic = later Stone Age ranging from around 4,500BC to 1,700BC.  David Melding began:

“I want to start with Tinkinswood in the Vale of Glamorgan. It is one of my favourite places. I’ve walked there and spent time there, read poetry there, discussed eruditely, I hope, with some Members in this Chamber, indeed, whilst pondering and looking at that monument. It does remind me, anyway, of the amazing achievements of our ancestors in prehistory. I believe it is really important that we respect and celebrate these achievements.”

https://seneddhome.com/2018/12/david-melding-rocks-senedd-back-to-the-stone-age

So how no mention of the Five-Mile-Lane site, a few km from Tinkinswood, which all authorities including CADW and the GlamGwent Archaeological Trust allowed to be bulldozed this year, despite initial investigations showing a wealth of structures and burial sites? 

The commissioned archaeologists and GGAT got their fees and kept findings quiet till late on, so the WG-bulldozers could complete their work and the VoG Council could claim "too late" to change the new roadway plans.   https://jacothenorth.net/blog/tag/five-mile-lane/

How could the Senedd debate the general matter without recognising the crime on their watch?

Archaeology major discovery and destruction of remains
video  https://youtu.be/o2CRUv8eexc    Narrator: Karl-James Langford
Facebook site:   Barry destroyed heritage at Five Mile Lane
http://www.barryanddistrictnews.co.uk/news/16163151.Ancient_artifacts_from_3500BC_discovered_at_Five_Mile_Lane/

A wide range of very significant evidence for the archaeology and history of the area from early prehistory (3500BC) through to the Roman period (1st to 4th centuries AD). Finds include:
• Prehistoric Bronze Age barrows (burial mounds) and cremations
• Prehistoric Iron Age settlement enclosure with roundhouses and field system
• Roman metalworking site - Iron smelting and smithing
• Roman villa previously excavated in the 1960s and 1970s

FoE lobbies Jane Hutt AM over the M4 mega-roadbuild

Our deputation saw the Vale AM, Jane Hutt, at her recent surgery to press opposition to the M4 'relief' road through the Gwent Levels.

# it's a very high cost, displacing other very worthwhile projects; the £1500 million is just a starting figure, to be increased by 3-years inflation, adding on VAT to over £1700million plus cost over-runs (50% common on major road projects).  Jane agreed from her time as Finance Minister that Wales cannot reclaim the VAT.
# 'Active travel ' measures were hardly considered at the Inquiry, yet Bus and Metro enhancements all show much higher benefit:cost ratio.  The Inquiry Inspector just narrowly followed the Westminster (and Welsh) planning rules and accepted the flawed modelling of car use and cost-saving
# Removal of the Severn Bridge tolls will increase traffic with the environmental costs in air pollution and extra CO2 emissions; the Welsh Government has an obligation to combat these - the High Court requires soonest possible action - so must introduce measures to restrict and deter car use, which would have to reduce existing traffic levels.
# The Future Generation Act requires projects like the M4 to show environmental gain as well as economic gain.  This project's environmental disbenefit makes it unlawful, as the FG Commissioner argues.
# the Welsh Assembly has to consider the aspects ignored by the Inquiry so should insist on referring the project to a full scrutiny process - to cover the wider active travel measures, the inadequacies of government modelling and the FG Act - rather than rush to decision as Carwyn Jones wants before he quits as First Minister pre-Xmas.

Keith Stockdale said for FoE Barry&Vale that Jane Hutt seemed most positive to our arguments; she stressed she's opposed to the Pendoylan link to the M4.  We would encourage others to write and/or lobby her in the next week or so over the Newport M4 decision.

Swansea Tidal Lagoon - huge penalties for El-consumers

Utility Week and Private Eye (2 Nov) have reported on huge demands for subsidy that the Welsh government wanted to keep hidden (FoI refusal). 

The BEIS Department has lifted non-disclosure agreements on several documents and disclosed key points of TLP’s request for financial support from the Welsh government.The company requested £200 million loan funding from Welsh government at a two per cent interest rate and up to £261.1 million in annual equity down payments over 35 years.In return, TLP offered the Welsh government 90 per cent ownership of the lagoon at the end of the 35-year project’s proposed contract for difference when it would still owe up to £822.3 million worth of outstanding debt.The Welsh government would have also taken on the costs of maintenance and turbine replacement after about 50 years of operation as well as any decommissioning liabilities.

The government earlier released a summary of their value-for-money assessment that makes the following points:

• The proposed tidal lagoon at Swansea Bay would have a capital cost more than 3 times as much, per unit of electricity, as the Hinkley Point C nuclear power station.
• It would cost only around £400m to use offshore wind instead to generate the same power as the proposed £1.3bn lagoon at Swansea Bay.
• The entire proposed programme of tidal lagoons – consisting of 6 lagoons – would cost approximately 2 and a half times the cost of Hinkley, to produce around the same amount of electricity.
• Enough offshore wind to provide the same generation as the proposed programme of lagoons is estimated to cost at least £31.5bn less to build.
• The entire proposed programme of tidal lagoons could cost up to £20 billion more to produce the same quantity of electricity compared to generating that same electricity through a mix of offshore wind and nuclear.
• The proposed programme of tidal lagoons could cost the average household consumer up to an additional £700 between 2031 and 2050.
• The additional cost of this proposal on household bills is the same as every household in Wales paying £15,000.

The £1.3 billion Swansea Bay project, which TLP said would generate 572GW of electricity per annum, was intended as the first of a series that would harness tidal power around the Welsh coast, the second to be the Cardiff lagoon.

In a letter to the House of Commons’ Business, Energy and Industrial Strategy (BEIS) and Welsh Affairs select committee from Claire Perry, the energy and clean growth minister writes that government estimates of the programme’s economic benefits worked out at between £0.4 billion and £1.2 billion.“Even at the higher end of this range, the estimated wider benefits were less than the most optimistic impact of TLP’s lagoon programme on the costs of the electricity system – a cost of £2 billion to 2050.”Perry adds that the cost of electricity generated by the lagoon would be “more expensive” than alternative  low carbon sources.

The letter also outlined the key points of TLP’s request for financial support from the Welsh government as cited above - a request given support by Carwyn Jones on political grounds - an unquantified hope that it would benefit the Welsh economy.

Note that tidal power would have a high cost on the electricity system, due to the need to fill in the gaps of zero or low generation.  This is higher than the balancing costs for offshore wind power, so tidal lagoons come out even more expensive. The likely unacceptable environmental impacts of the Cardiff, Newport and Bridgewater Bay lagoons come on top of this poor system performance. Tidal stream turbines were not assessed, but are already promising much better prospects in Scotland.

Friends of the Earth (EWNI) were supportive of the Swansea Lagoon, as a trail-finder project for tidal power, but did not appreciate how hugely costly this initial project and potential follow-up projects have turned out.  The above histogram comes from work for the National Infrastructure Commission, to inform their judgment that tidal lagoons are an over-costly generation system. Strong supporter of renewables, Prof. Dave Elliott, has also written very critically of the cost, citing Ecotricity’s Dale Vince  (Facebook post June 1st):

 “The Swansea project is twice as expensive as tidal lagoons need to be, even for the first of a kind. There are alternative approaches and locations that would be far better value for money – if tidal lagoons are going to get government support (and I hope they do) – then it should be done through a proper competitive tender process – to make sure it’s value for money. The Swansea scheme would be an absurd waste of money, given the alternatives that exist. And it would tarnish the whole renewable energy industry. Currently Hinkley is the go-to project (to cite) for ridiculous costs – it can and should remain so.”

The question remains - how could the Welsh Government offer £200million to a project with such poor economic assessments?