After 20 years of campaigning, last night (26/04/23) Merthyr Tydfil residents, Coal Action Network, Friends of the Earth Cymru, the Green Party, XR and other environmental campaigners finally collectively stopped Ffos-y-fran opencast coal with the Council’s refusal of permission to extend its climate chaos until 2024! This is an important step forward for the environmental movement across the UK.
Local people have suffered 16 years of dust, noise and a changing landscape, as 400 hectares of land got destroyed and 11 million tonnes of coal removed. The Welsh Government permitted what became the UK’s largest opencast coal mine to start in 2005 and, together with the local council, allowed it to keep mining after planning permission ran out in September 2022. An extension application to keep extracting coal until March 2024 was unanimously rejected by Merthyr Tydfil County Borough Council on the 26th April.
At the planning hearing, the Council’s Planning Officers recommended that the application be refused, as it does not comply with Welsh law on coal mining.
Over 1,400 letters of objection written by Coal Action Network’s supporters were highlighted in the planning hearing, showing the large national and international demand to keep all coal in the ground. This highlights that Councils are being watched when they decide fossil fuel project permissions and should make them more accountable.
Merthyr (South Wales) Ltd, the coal mining company, claimed that it was under no legal commitment to contribute to the restoration fund—which the council disagrees with; it failed to provide details of what proportion of coal used at Port Talbot came from Ffos-y-fran; it failed to pay dues to the council whilst mining without permission since Sept 2022. There is only a £15 million deposit in the restoration fund, when between £75m and £125m is required to put back the site
In the hearing, elected Councillors voiced serious concerns about the potential shortfall of at least £60 million to deliver the restoration long-promised to local residents, and the lack of enforcement action by the Council when the mining company simply kept mining after planning permission expired. They both need to be addressed urgently. We’ll be fighting for justice alongside local residents until it is delivered.
Over the years there has been wide and varied resistance to Ffos-y-fran opencast coal mine. A non-exhaustive list includes:
In January 2017, the United Nations special Rapporteur on toxics and human rights, Baskut Tuncak visited Merthyr Tydfil. At the time he said, “The first observation that came to mind was how incredibly close this community is to a massive open pit coalmine...I heard allegations of very high rates of childhood asthma and cancer clusters within the community. But despite those allegations I didn't hear any evidence of a strong intervention by the government to investigate or any strong reaction by the companies concerned to investigate themselves.". In the resulting report it said, “the Aarhus Convention’s Compliance Committee found that the UK was in breach of its obligations to ensure access to justice by in essence excluding the public from court procedures by prohibitively expensive cost requirements.”
In the planning hearing, the issue of the mine workers’ jobs was raised, but the Council made clear that the coal company should have been preparing workers for the end of coal mining on the site, as has been expected since 2011, and highlighted that workers were still required to restore the site in the coming years. Coal Action Network and others call on the company, with support from the Welsh Government to ensure a truly just transition for workers which could include them being invited onto the current Universal Basic Income pilot.
We are relieved that the Council saw sense and put an end to this climate trashing coal mine. There is work to be done to ensure the best possible restoration of the site, bringing the area back into public use. The Welsh Government and Merthyr Tydfil County Borough Council need to take urgent enforcement action to stop coaling and ensure that the restoration is paid for, in full by the mining company.
Published: 27. 04. 2023
Today (25th April) people dressed as Rebecca Rioters protested against the Welsh Government’s failure to deliver a complete ban on coal mining on the steps of the Senedd (Welsh Parliament). The Rebecca Riots took place between 1839 and 1842 with the destruction of the toll gates which taxed rural people’s produce. The modern ‘Daughters of Rebecca’ dressed in 1800’s costume and demanded Members of the Senedd take urgent action to end coal mining and end the climate toll caused by coal mining and consumption.
Tomorrow (26th April) Merthyr Tydfil County Borough Council planning committee will decide whether to allow Ffos-y-fran opencast coal mine to continue mining coal until 31st March 2024 before refilling the void they’ve created. The Planning Officer has recommended that the application is refused, as it is not in line with Welsh Governmental policy on coal.
Rebecca from Merthyr Tydfil said, “We live opposite the massive Ffos-y-fran opencast coal mine which, despite years of valiant community resistance, was forced upon us in 2007.”
Residents of Merthyr Tydfil have had to suffer its impacts for 15 years of our lives, but not suffered in silence - we've fought it tooth and nail for all those years to try and manage its excesses. We were sickened to have to endure another 8 months of them mining coal illegally, and now the threat of even longer! No more; enough is enough!”
In the 1800s, poor people, in rural west and mid Wales rose up against the punitive toll system that was taxing their produce and destroyed the toll gates, in what is called the ‘Rebecca Riots’. In their footsteps, Coal Action Network and its supporters—modern day ‘Daughters of Rebecca’—are protesting the Welsh Government’s lack of concrete action against coal mine expansion. We are pushing the Welsh government to implement a comprehensive ban on coal mining, as Scotland passed in October 2022.
The original Rebecca Riots were a series of protests and direct action by tenant farmers against the payment of fees to use the roads. During the riots, men disguised as women attacked the tollgates. They called themselves ‘Rebecca and her daughters’, all answering to the name Rebecca for anonymity from prosecution.
Further, the Daughters of Rebecca are calling upon the Welsh Government to prevent the extension at Aberpergwm underground mine, near Glynneath, Neath Port Talbot, to stop its climate toll. Coal Action Network took both the Welsh Government and the Coal Authority to court in March 2023, challenging their permitting Aberpergwm to expand when it goes against Welsh policy and the urgent need to take action on climate change. A judge’s decision is awaited. If she decides that either the Welsh Government or the Coal Authority misjudged their powers the relevant public body will be asked to remake their decision, which could close Aberpergwm coal mine.
Date: Wednesday 26 April 2023
Time: from 4:30pm (hearing starts at 5pm)
Location: Council Chambers, Civic Centre, Castle Street, Merthyr Tydfil, CF47 8AN
Bring: banners, signs, loud-hailers, or just yourself!
Ffos-y-fran is a large opencast coal mine in Merthyr Tydfil, South Wales which has operated for over 15 years. On 06th September 2022, planning permission for the opencast coal mining came to an end… but the mining company continues mining an average of 1,000 tonnes of coal every day (emitting the equivalent CO2 to burning 1.5 million litres of petrol)! The local Council claims the mining company, Merthyr (South Wales) Ltd lied about stopping mining but still refuses to take any action to stop the illicit coal mining happening at Ffos-y-fran. This makes a mockery of local democracy, equality in law, and Welsh Government's climate commitments.
On Wednesday 26th April, Merthyr Tydfil County Borough Council will meet to decide whether to approve or reject the mining company's application to officially extend the coal mine until 31 March 2024. The Councillors must listen to local residents suffering noise and dust pollution for over a decade, and reject this expansion in the midst of our climate emergency. We all have a stake in this, so join us outside and ensure the Councillors can't ignore your opposition.
In September 2022, Ffos-y-fran opencast coal mine's 15-year planning permission ran out and the coal mine was due to close and restoration begin. However, Merthyr (South Wales) Ltd applied for a S73 time extension to mine coal at the site for a 9 months, with an intention to submit a further application for a 3-year expansion.
But this climate calamity can't go ahead! Today, Thursday 12th January, Chris and Alyson, who live close to the Ffos-y-fran coal mine, delivered our petition of over 20,000 signatures to the Welsh Government's The Planning and Environment Decisions Wales. The petition demands that the Welsh Government:
Find out more about how the Ffos-y-fran coal mine has managed to illegally siphon coal out for 16 months without being stopped.
06 September 2022 - 08 January 2024
Coal sold: 64o million tonnes (company-reported volumes published in official Coal Authority statistics)
CO2 from coal use: 2.02 million tonnes of CO2 (2022 BEIS Conversion Factors)
Methane from the mine itself: 2,900 tonnes (Global Energy Monitor)
CO2e from the mine itself: 931,000 tonnes in 2021 (reported by the company on p4 (7) for machinery, electricity, and gas combustion)
Coal operator: Merthyr (South Wales) Ltd – formerly Miller Argent Holdings Limited, subsidiary of Merthyr Holdings Limited – which is owned by Gwent Investments Limited
Parent company: Gwent Holdings Limited, owned by Mrs J H Lewis
Type: Thermal coal, some of which is ‘upgraded’ to be sold to steelworks
Mining method: Opencast
Claimed destination: steelworks, domestic heating, cement production etc.
Local Planning Authority: Merthyr Tydfil County Borough Council
Address: Ffos-y-fran Land Reclamation Scheme, East Of Merthyr Tydfil CF48 4AE
Time: 15 years, then a further 16 months illegally
Published: 17/08/2022 Updated: 25/01/2024
See our English language version of this webpage.
Mae Cymru ar fin penderfynu a ddylid ehangu pwll glo brig mwyaf y DU gan bron i 4 blynedd a 2 filiwn tunnell o lo. Bydd hyn yn gyrru newid hinsawdd gan bron i 6 miliwn tunnell o CO2 a 16,000 tunnell o fethan.
Mae pwll glo Ffos-y-fran ym Merthyr Tudful sy’n chwalu’r hinsawdd yn echdynnu hyd at 50,000 tunnell o lo bob mis – sef glo y dyfarnodd Llys Cyfiawnder Ewrop ei fod yn creu gormod o lygredd i’w losgi yn hen orsaf bŵer Aberddawan, ac sydd bellach yn cael ei losgi’n bennaf mewn gwaith dur. Mae hyn yn rhwymo gwaith dur TATA i fod yr 2il safle mwyaf llygredig yn y DU!
Mae deisebwyr yn mynnu bod Llywodraeth Cymru:
Pam mae hyn yn bwysig?
Pan roddwyd caniatâd gan Lywodraeth Cymru yn 2005, cafodd y gymuned leol ym Merthyr Tudful, a oedd wedi brwydro’n ffyrnig yn erbyn y cynnig, addewid y byddai mwyngloddio’n dod i ben ar ôl 15 mlynedd, ar 6ed Medi 2022 ac y byddai’r gwaith o adfer y tir wedi’i gwblhau ychydig flynyddoedd yn ddiweddarach. Ond adroddir nad yw mwyngloddio glo wedi dod i ben, gan ddifetha’r heddwch hir-ddisgwyliedig i’r gymuned leol sy’n gallu gweld a chlywed y pwll glo o’u cartrefi. Ac yn awr mae'r cwmni mwyngloddio wedi gwneud cais i ehangu'r pwll glo am 9 mis, ac wedi dweud y bydd yn ceisio am 3 blynedd arall o gloddio am lo, (a phwy a ŵyr beth y tu hwnt i hynny...?).
Bydd hyn nid yn unig yn hybu newid yn yr hinsawdd gan bron i 6 miliwn tunnell o CO2 a 16,000 tunnell o fethan, ond hefyd yn achosi dioddefaint i’r trigolion cyfagos trwy’r ffrwydradau pellach, llygredd sŵn a llwch. Ar ben hyn, bydd y gwaith adfer hir-ddisgwyliedig ar y tir yn cael ei wthio yn ôl gan flynyddoedd, gyda phryderon na fydd byth yn digwydd.
Sut y cyflwynir y ddeiseb
Bydd y ddeiseb hon yn cael ei chyflwyno i Julie James, Gweinidog Newid Hinsawdd Cymru.
See our Welsh language version of this webpage.
Wales is about to decide whether to expand the UK’s largest opencast coal mine by nearly 4 years, emitting almost 6 million tonnes of CO2, and 16,000 tonnes of methane from the coal mine itself.
The climate-trashing Ffos-y-fran coal mine in Merthyr Tydfil extracts up to 50,000 tonnes of coal every month – coal that the European Court of Justice ruled was too polluting to be burned in the old Aberthaw power station, and is now burned mainly at steelworks. This locks TATA steelworks into being the UK’s 2nd most polluting site!
We demand that the Welsh Government:
When permission was granted by the Welsh Government in 2005, the local community in Merthyr Tydfil, who had fought the proposal fiercely, were promised that mining would end after 15 years, in September 2022 and that restoration of the land would be complete by the end of the following year. Yet it’s reported that coal mining hasn’t stopped, ruining the long-awaited peace for the local community who can see and hear the coal mine from their homes. And now the mining company has applied to expand the coal mine by 9 months, and has said it will for a further 3 years of coal mining, (and who knows what beyond that...?).
This will not only fuel climate change by almost 6 million tonnes of CO2, but inflict explosive further blasting, noise and dust pollution on nearby residents. On top of this, the long-awaited restoration of the land, will be pushed back by years, with concerns that it will never happen.
Ffos-y-fran (pronounced in English as Foss-uh-vran and also known as the 'Ffos-y-Fran Land Reclamation Scheme') is a large opencast coal mine in Merthyr Tydfil, South Wales, mining primarily thermal coal. Mining company Merthyr Ltd (previously, Miller Argent) was awarded planning permission in February 2005 on appeal and began opencast coal mining. Planning permission for the opencast coal mining came to an end on 06th September 2022 (confirmed by Merthyr Tydfil County Borough Council to Coal Action Network under a Freedom of Information request).
The two planning conditions that Merthyr Ltd are pressuring the Council to throw out are:
Merthyr Ltd want to delay its restoration responsibility and extend mining its dirty coal from the Ffos-y-fran opencast initially by 9 months (06 June 2023), but then by a further 3 years. The 9 month extension is to give the coal operator enough time to mine a further 240,000 tonnes of coal and submit an application for a 3 year extension but during this time, it’ll be mining as much coal as it can. See all the application documents at P/22/0237.
So, how does Merthyr Ltd seek to justify breaking its promise to the Council and local communities to restore and end opencast coal mining?
In a personally signed letter to the Council, Merthyr Ltd’s Director, David Lewis, claims production was reduced due to lockdowns so not all the coal could be mined in the void that was expected to be by the deadline of the 06 September 2022, so a time extension should be awarded to “ensure the full reserve can be realised”.
There are two issues with the justification attempted in Lewis’s letter:
Via repeated Freedom of Information Requests, Coal Action Network eventually succeeded in forcing the Council admit only £15 million had been deposited by Merthyr Ltd into the escrow account for restoration. In 2018, restoration was estimated to cost £62 million, meaning there is roughly a £47 million shortfall (depending on how much of the site has been restored alongside coal mining since 2018). This is shortfall is highlighted by Merthyr Ltd in its Planning Statement for the time extension: “As the Council is fully aware, there are insufficient funds within the Escrow and restoration fund to allow for the full and successful implementation of the current restoration strategy for the site.”
Merthyr Ltd’s solution is “that the additional time to finish extraction and restoration will enable a more sustainable and modernised restoration scheme”. Although Merthyr Ltd promised to fund and carry out a restoration strategy as a condition to it gaining planning permission, the company now uses its failure to fulfil this condition as a reason to let it mine more coal. And by “modernised”, Merthyr Ltd almost certainly mean cheaper restoration scheme.
Merthyr Ltd transferred most the of the land ownership to Geraint Morgan Legacy Limited of which David Lewis is the sole Director. If the Council attempts to recover the £47 million shortfall for restoration, and Merthyr Ltd cannot pay, responsibility may lie with the landowner, which appears from its Companies House records to only have £2 million in the bank. Merthyr Ltd may reap the profits from years of mining, and the Council could be face bankruptcy to pay the remaining shortfall for restoration.
Similar situations have been seen with other mining companies (most notoriously by Celtic Energy) holding Councils to ransom for permitting more coal mining by threatening to fold or transferring the liability to shell companies, knowing Councils can’t afford to fund the massive costs involved in restoring ex-coal mining sites.
Merthyr Ltd have known for years that planning permission at Ffos-y-fran would expire on 06 September 2022, yet attempts to leverage the fact that it has seemingly failed to support its workers to reskill or find alternative employment as a reason to extend the planning permission: “…it will ensure that current employees have a further 9 months to weather the cost of living crisis and look for alternative means of employment” (Planning Statement).
Incredulously, Merthyr Ltd even goes beyond this neglect towards its workers, to use its own lack of business strategy as it approached the known end of planning permission as a rationale for permitting the initial 9 month extension to allow “…the operators of the mine to look at other investment possibilities.”
Merthyr Ltd’s Planning Statement attempts the justification commonly used be coal mining companies in the UK: “The transport emissions for each tonne of UK coal delivered to Port Talbot are typically five times lower than coal imported from abroad” and therefore, less CO2 is emitted overall if coal is mined and used in the UK. This argument relies on the idea that more coal mining in the UK would displace the same amount of coal being mined in another country, and the coal mined in the UK would be used in the UK.
Coal-laden HGV leaving the Ffos-y-fran opencast coal mine on 13/09/2022
Coal operators are notorious for making lofty claims about the unrivalled quality of coal they would mine—this is to circumvent the presumption against new coal extraction in planning decisions, hoping to fit into the loophole made for exceptional need and economic value.
Merthyr Ltd has rebranded its thermal coal as “dry steam coal”, a term that doesn’t seem to be widely used by anyone except Merthyr Ltd and its trade customers. In reality, this is just thermal coal, and used to be primarily sold to RWE’s Aberthaw coal-fired power station. However, Aberthaw had to stop burning coal from Ffos-y-fran to generate electricity because the European Court of Justice ruled the toxic nitrogen oxides it emitted were too high.
With the loss of this customer, Merthyr Ltd invested £10 million in machinery to refine some of its lower grade coal to ‘metallurgical’ coal that could be used in steelworks in 2015.
Merthyr Ltd has clearly been studying other coal mine applications in the planning system, and likewise in its Planning Statement emphasises Port Talbot Steelworks’ reliance on coal, claiming its thermal coal is needed in the vaguely worded “steel manufacturing process”.
Like most coal operators, Merthyr Ltd (and former coal operators) like to change the rules along the way. The original coal operator agreed to all the conditions attached to the original planning permission in 2005, but in 2008, the coal operator wanted to rip up condition 37 requiring col to leave the site by freight train. The coal operator applied for a 'S73' change to use HGVs to transport 100,000 tonnes of coal each year by road, rather than rail. The company pragmatically reduced this to 50,000 tonnes but HGVs loaded with coal on the roads is dirty and dangerous, so the Council rejected the attempt to change this condition. The company didn’t accept this, and won the right to change this condition on appeal in May 2011 (APP/U6925/A/10/2129921)
Merthyr Ltd want to change the rules again with this 'S73' application for a time extension to mine more coal and delay the promised restoration. Each time the coal operators change the rules, it’s inevitably the local communities living in Merthyr Tydfil that pay the price. Enough is enough.
