Swansea Council has again written to Tidal Power Plc reaffirming that work it has started on a tidal lagoon project is unauthorised.
Despite both Swansea and the º£½ÇÊÓƵ Government informing Tidal Power Plc that the planning consent for the project, through a development consent order, lapsed at the end of last month, the company is still insisting it has complied with its conditions to allow work to start onshore.
The º£½ÇÊÓƵ Government, through its Department for Business, Energy and Industrial Strategy, said to comply with the DCO, granted back in June, 2015, it required a number of conditions to have been satisfied to allow work to commence within the five year window, which expired on June 30th.
This included agreeing a de-commissioning programme for the mooted £1.2bn tidal lagoon, for which the Westminster Government in 2018 said it couldn't provide a green subsidy for saying it was too expensive for a project that would also only create a relatively small number of jobs.
For any work on a lagoon to start offshore it would also have needed a sea bed licence from Crown Estates and a marine licence from Natural Resources Wales.
Despite confirmation from the council and the º£½ÇÊÓƵ Government that the project's DCO has lapsed on June 30th, Tidal Power Plc is maintaining it has compiled having started work on June 29th.
However, in a statement Swansea Council has reaffirmed its position of June 30th, that the project's DCO has lapsed and work being undertaken is unauthorised.
A Swansea Council spokesperson said: "The council has taken further independent legal advice and we wrote to Tidal Power again last night to confirm that the development consent order had expired because Tidal Power had failed to meet its requirements within the five-year timescale set out in the DCO.
“As the DCO has lapsed, no part of the previously authorised development may now proceed in the absence of further order or other consent.
“The council is monitoring the situation on site and will take appropriate action should that be necessary."
Work has been taking place on land owned by Associated British Ports (ABP).
However, ABP has now confirmed it has instructed Tidal Power that no further work can be undertaken until the question of the DCO is resolved. As a result contractor Alun Griffiths has left the site.
A spokesman for ABP said: "This is a matter currently subject to discussions between the lagoon developer and the City and County of Swansea.
"The developer has informed ABP that they have complied with the relevant legislation, however we are seeking urgent clarification from the relevant authorities. We have instructed that no further works will be undertaken until this question is resolved. The contractor has consequently demobilised from site. "
In an update on its website on Wednesday Tidal Power Plc claims that it had responded to Swansea Council to "explain the lawful basis upon which the project has begun under the Planning Act 2008, and that the project's DCO has now been deemed by virtue of the work undertaken."
Head of planning for Tidal Power Plc, Richard Ambrose, is quoted as saying: "It was fabulous to see site works under way on what has been and will continue to be a truly amazing journey – building the world’s first tidal lagoon in Swansea Bay. This has been the culmination of effort from hundreds of people, hundreds of thousands of hours worked and millions of pounds invested.  I call that an amazing team effort."
The Welsh Government has provided Tidal Power Plc with a loan of £1.25m.
