National park authority concedes legal challenge over hydroelectric scheme
- Details
Eryri National Park Authority has agreed to quash its planning approval for a hydroelectric project after a judicial review challenge argued the decision failed to acknowledge the impact on a nearby Site of Special Scientific Interest (SSSI).
The national park authority granted permission for the development in June, paving the way for the construction of an intake weir and underground pipe from the Afon Cynfal river near Llan Ffestiniog.
The new infrastructure would have diverted, at times, up to 70% of the water at Rhaedr y Cwm waterfall away to be used for electricity production.
The developers behind the application, Bala-based renewable energy company MED Dafydd, said the dam would generate up to 600kW of electricity and could produce enough power to serve around 700 homes.
However, Cymdeithas Eryri (the Snowdonia Society) launched a judicial review of the decision in September this year, after raising fears that the popular beauty spot would be affected.
The claim noted that the site of the proposed hydroelectric scheme is partially located in a designated SSSI.
It argued, among other things, that the park authority had misinterpreted or misapplied planning policy for developments that affect SSSIs.
It specifically raised concerns that the hydroelectric scheme did not do enough to mitigate any environmental damage it might cause to the area, which is afforded special protections due to being a SSSI.
Other grounds meanwhile contended that diverting water from the waterfall would have a negative visual and acoustic impact, which has been understated in the plans – and that the development could harm rare bryophyte populations.
The society also argued that the national park authority was wrong to accept that there was an overriding public need for the hydroelectric development.
Cymdeithas Eryri has since announced that the national park authority has agreed to the quashing by the court of its decision to approve the hydroelectric development.
According to the society, the authority conceded the first ground of the legal challenge, which alleged that the park authority unlawfully failed to advise the Planning Committee that the scheme did not comply with planning policy on development in an SSSI.
Eyri National Park Authority has been approached for comment.
Adam Carey
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