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Rally to rule out expanding Ffos-y-fran opencast

Key information

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!

Background

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.

Published: 17/04/2023

Petition delivered to the Welsh Government: call in and reject this coal mine!

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:

  1. 'calls in' the decision if the local Council considers granting planning permission to expand the Ffos-y-fran opencast coal mine, in recognition of the wider impacts.
  2. acts on climate science, listens to local residents, and follows its own laws and policies, such as the Well-being of Future Generations Act, to swiftly reject expanding the UK’s largest opencast coal mine
  3. includes workers on a Universal Basic Income pilot, and invests in jobs with a future.
Published: 12/01/2023

Key facts: illegal Ffos-y-fran opencast coal mine expansion

Find out more about how the Ffos-y-fran coal mine has managed to illegally siphon coal out for 16 months without being stopped.

Key facts & figures for 16 months of illegal coal mining

06 September 2022 - 08 January 2024

Coal sold: approximately 500,000 (company-reported volumes based on actual and extrapolated official Coal Authority statistics)

CO2 from coal use: 1.6 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

Deiseb: Llywodraeth Cymru Peidiwch ag ehangu pwll glo brig mwyaf y DU

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!

Sign the petition now

Digon yw digon!

Mae deisebwyr yn mynnu bod Llywodraeth Cymru:

  1. yn cymryd drosodd y cyfrifoldeb am benderfynu, os bydd y Cyngor lleol yn ystyried rhoi caniatâd cynllunio i ehangu pwll glo brig Ffos-y-fran.
  2. yn gweithredu ar wyddoniaeth hinsawdd, yn gwrando ar drigolion lleol, ac yn dilyn ei chyfreithiau a’i pholisïau ei hun megis Deddf Llesiant Cenedlaethau’r Dyfodol.
  3. yn gwrthod yn gyflym ehangu pwll glo brig mwyaf y DU, yn cynnwys cynllun peilot Incwm Sylfaenol Cyffredinol y gweithwyr, ac yn buddsoddi mewn swyddi sydd â dyfodol.

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.

Sign the petition now

Published: 23/11/22

Sign this petition to stop the expansion of UK’s biggest opencast coal mine

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!

Sign the petition now

Enough is enough!

We demand that the Welsh Government:

  1. calls in the decision if the local Council considers granting planning permission to expand the Ffos-y-fran opencast coal mine.
  2. acts on climate science, listens to local residents, and follows its own laws and policies such as the Future Generations Act.
  3. swiftly rejects expanding the UK’s largest opencast coal mine, includes workersa Universal Basic Income pilot, and invests in jobs with a future.

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.

Sign the petition now

Published: 21/11/22

Ffos-y-fran opencast coal mine pressures Council for extension in climate crisis

What's the Ffos-y-fran opencast coal mine?

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:

  • Condition 3 – “All coal extraction from the development hereby permitted shall cease no later than 06 September 2022”;
  • Condition 4 – “Final restoration of the land shall be completed no later than 06 December 2024 and aftercare shall be undertaken for a period of not less than 5 years upon certification of completion of each phase of the progressive restoration scheme.”

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?

Covid19 and lockdowns:

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:

  1. The table of coal production and sales rates included on p20 of the Planning Statement indicate a reduction of 15-17% in total production which would not warrant a 3-year extension. It is also not clear why Merthyr Ltd still operated a single-shift pattern with reduced production for the first half of 2022 when lockdowns were not in place.
  2. As the letter itself states, the hole that reduced production from Ffos-y-fran left in the market in the past was filled by alternative sources. The hole is historical, to fill it with new coal mining, the coal would have to be put into a time-machine. Any new coal won’t be to plug old markets, but will supply new markets, continuing to lock industry in to more coal and more CO2. The letter’s attempted justification is based on a false premise.

£47 million short of a restoration

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.

Just transition

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.”

Transport:

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.

  • This has been widely debunked, most prominently by LSE Economics Prof. Paul Ekins (OBE) in an interview, pointing out that coal mines abroad will find alternative markets for their coal, with the effect being an increase in the supply and use of coal globally and a net increase in CO2.
  • Transport emissions actually relatively minor compared to the CO2 emitted when coal is burned, so if increasing easily available coal in the UK leads to more being used, that would dwarf reduced transport emissions.
  • Most transport emissions are concentrated at points of extraction and end-use, which would be the same if it is mined on the other side of the world or nearby – so we would welcome disclosure of the methods behind calculations that transport emissions ‘typically 5 times lower’ for coal mined and consumed in the UK versus coal imported from abroad. It is also worth noting that most coal mines in the UK also export a proportion of their coal.

Coal-laden HGV leaving the Ffos-y-fran opencast coal mine on 13/09/2022

Coal types

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.

Markets

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”.

  • Merthyr Ltd make no claims about what secure contracts it has with Port Talbot or Scunthorpe steelworks, nor what proportion of its coal sales this market accounts for.
  • It’s likely that some of the thermal coal from Ffos-y-fran is just burned to generate heat at the steelworks needed at various stages – coal which could be replaced with less polluting fuels and is often used in a blend with those other fuels.
  • TATASteel has announced that Port Talbot will be converted to electric Arc Furnaces with assistance from the Government, or face closure. In either scenario, this will largely nullify its demand for coal from Ffos-y-fran.

Changing the rules mid-way through the game

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.

Published 14/09/2022
Edited 11/10/2022