The Group Manager Development provided an update on the current position of the Margam Opencast Coal Site to Committee.  He explained that since the last update report, meetings had been held with Celtic Energy and the land owner both in conjunction with NPT Council and individually with Bridgend Officers.  The main issues discussed related to safety, security and future restoration proposals for the Margam site.  He added that following meetings with the land owner and Celtic Energy the following facts were established. 

The Group Manager Development stated that Margam opencast coal site was owned by “Beech”, which was a subsidiary of “Oak Regeneration”, Celtic Energy’s involvement on the site was limited to water monitoring and security.  Celtic Energy confirmed that the liability for the site rests with the landowner, i.e. Oak and whilst it continued maintaining water levels in the void it cannot do so indefinitely.  The pumping process was very expensive and a long term solution is needed to control water levels.  This would need to be funded from the current restoration fund. Celtic Energy only have access to the site until June 2017.

The Group Manager Development advised that a “light” restoration scheme had been discussed, utilising the existing restoration funds, which involved creating a channel from the water filled void into an adjacent water course, some re-profiling of the overburden mound, landscaping and reinstatement of rights of way across the site.  The water in the void would remain but be made safe by way of a channel.  The original restoration scheme involved the full reinstatement of Crown Road and Bedford Road, which were severed to accommodate the mine.  If this were to be proposed it would have a significant financial impact on the final restoration scheme and consideration should be given as to whether the reinstatement of rights of way may be achievable in the form of a bridleway or cycle path in any future restoration proposal.  The Group Manager Development added that Celtic Energy had indicated that it would be prepared to submit a planning application for the “light” restoration scheme early next year.  Whilst the void area is located within the NPT administrative district, a considerable part of the unrestored site is within Bridgend and this will necessitate the submission of applications to both authorities.  A consensus between Bridgend Council and the neighbouring Neath Port Talbot would be critical to the success of any future restoration proposals

A summit on the restoration of open cast coal mines was held in July, with representatives from Welsh Government, Local Planning Authorities, community groups and mine operators.  The Welsh Government Minister had set out his intentions or moving forward by way of a written statement, which identified the following areas for further work:-

·         Improving the resilience of the minerals planning service in Wales by pooling skills and expertise;

·         Engaging local authorities, industry and communities in the joint Welsh Government/ Coal Authority work to prepare best practice guidance on the calculation, accumulation and management of bonds which would seek to establish a consistent basis for negotiations across Wales;

·         a focused review of MTAN2, the scope of which would include consideration of the exceptions to the buffer zone policy;

·         starting a dialogue with UK Government, particularly their stake on legacy sites (especially the portfolio sites on which there was immunity from bonding) and to feed back to a follow up event at a later date.

The Group Manager Development stated that a representative from the Department of Environment and Climate Change was due to visit the site and speak to local representatives including the LPAs towards the end of October 2015.  However, notwithstanding the visit, the availability of future central government funding to secure full restoration could not be relied upon.  Also, any subsequent changes to planning guidance or discussion on ‘good practice’ unfortunately would not help improve the legacy issues at Margam.

The Group Manager Development stated that as previously highlighted, the success of any further enforcement action on the site was extremely unlikely.  In addition to the issues with the validity of the Bridgend conditions, any enforcement notice would be  challengeable by way of an appeal  and even if a notice was ultimately upheld, it would not result in the full restoration of the site as originally envisaged as any enforcement action is to a certain extent dependent on the cooperation of the landowner.  If the landowner company was to fold then it would be left to the local authorities to oversee the restoration with the limited funds available.

The Group Manager Development stated that presently, the site operator Celtic Energy had indicated a willingness to engage with both LPAs in order to carry out the light restoration proposals described above and that it will continue with the pumping operations in order to maintain water levels in the void.  However, the continued cooperation of the company would not be possible if in the future it ceased to operate on this site.  In any event Celtic Energy had made it clear that it would not continue pumping indefinitely.  Once pumping stops, the water levels in the void would increase.

The Group Manager Development concluded by informing Committee that at a recent meeting, NPT Planning Committee resolved to pursue a light restoration scheme with the land owner and Celtic Energy utilising the current restoration fund.  Negotiations were currently underway and a planning application was expected early next year.  Under timescales discussed with Celtic Energy the restoration works may commence sometime during the middle of 2016 with an expectation that the works are completed the following year. Members were advised that this scheme is  a realistic way forward to secure the long term safety of the site and that  they should seriously consider any future proposal for the light restoration of the open cast site.

A member asked if Bridgend Council and Neath Port Talbot Council could appeal to the Welsh Government to help with the ongoing situation.  The Group Manager Development stated that the Welsh Government Minister has indicated that the matter is a national issue and it is unable able to intervene or provide any funding.

RESOLVED:               That the report of the Corporate Director was noted