As you are well aware, the Hendy developers pushed ahead with the development without fulfilling any of the required conditions, almost as soon as permission was granted by the Minister, Lesley Griffiths.
We appealed that decision, and nearly all of you have helped us raise the money to finance that appeal. Grounds for appeal were lodged by mid December.
However it became clear that the developers were going to have installed the first turbine before the appeal was even heard. We were therefore diverted in to a fight to halt the works. Powys County Council ruled that the works were unauthorised on December 6th, but did nothing to enforce a halt. We were successful in obtaining an urgent injunction to halt the works in Cardiff Crown Court. But at the Birmingham hearing on 20th December, our injunction to stop the unauthorised work was lifted.
Despite a lot of press coverage and local protest, the first turbine was erected just in time for the development to attempt to qualify for an Ofgem Subsidised Tariff. With this tariff in place the development will be worth a lot of money. As you would expect, we have advised Ofgem of the unlawful nature of the development and questioned whether this is really what tax payers’ money is supposed to be for. We were glad to see the case made it in to Private Eye last week (issue 1490).
Meanwhile, the appeal process is grinding on. We have to get leave to appeal, and were asked to attend a Permission Hearing in Cardiff on the 25th February, to decide this. Although this is supposed to be an ‘ex parte’ hearing, it was contested by QCs representing both the developer and the Government. Sir Wynn Williams the presiding Judge unexpectedly ruled that he was ‘reserving judgement’ so at this stage, some two week after the hearing we are in limbo as to whether the appeal will proceed or no.
Thanks to all who have contributed towards this legal fight, and to all those locals who have made their voices heard on the embattled Common, in order to prevent a precedent being set that threatens anywhere in Wales with a ministerial diktat.
With all best wishes
Chair CPRW Brecon and Radnor Branch
9 March 2019