Pembrokeshire pair set up unlicensed hydroelectric turbine

Carl Platel and Helen Platel, both of Maes Ewan in Solva, set up a hydroelectric generation scheme on their land near Bridgend.

They powered the turbine by extracting water from three sources at Gilfach Orfydd and the Cwm Dimbath, prosecutor Jon Tarrant said.

One of these sources was aided by a homemade weir, made from stone and waterproof tarpaulin, which raised the water level so it could be extracted.

However, this needed a licence – costing £375 – from Natural Resources Wales (NRW). These are both to protect the environment, and ensure the hydropower scheme is safe and viable.

The defendants’ scheme was initially discovered in 2009, and NRW sent them a warning in August of that year.

In 2016, an application was made for a licence.

NRW visited the site again and, when the turbine was found to be operating, the defendants were again reminded that it shouldn’t be operating until the application was accepted.

In August 2016, the application was withdrawn.

Following another visit in 2017, NRW again found the site was operational.

On the next three visits – from 2017 to August 2018 –  the turbine was not being used, and NRW told the defendants that it would not take them to court over the historic breaches, although if it was used again in the future without the relevant licence, they would be prosecuted.  

But in 2020, NRW visited the farm and, although they couldn’t gain access to the building, they could hear that the turbine was operating, and it was still operating when they visited again on October 22 that year.

“There are reasons why this is a regulated activity,” said Mr Tarrant.

“The parties were aware of the requirement for a licence from the outset.

“It’s not accepted that this was in operation for purely altruistic reasons. There was a benefit.”

It was agreed by both parties that no damage had been caused to the environment.

Christian Jowett, defending, denied that the defendants had made any financial gain from the hydropower scheme – save for the £375 licence fee.

He said they had pleaded guilty to the offences in September 2021 at Haverfordwest Magistrates’ Court, but due to NRW ordering Proceeds of Crime Act (POCA) proceedings, had had the costs and stresses of this hanging over them for 18 months.

The proceedings had cost them a total of £61,000 in legal costs, he said.

“It’s accepted there’s a history of warnings,” Mr Jowett said.

“The overall motivation was sustainable generation.”

Mr Jowett read a statement from Mr Platel, where he said the pair “remain deeply regretful”, and had “let [their] passion for the scheme blind them” to the reasons behind why a licence was needed.

One hydroelectric power scheme was now fully licensed, Mr Jowett said, while the licence for the other was in the process of being approved.

The court heard NRW had initially sought a £102,000 benefit figure through the POCA proceedings, before reducing that to £90,000.

They received the cost of the licence fee as a benefit figure.

The defendants were fined £200 each for the offence of abstracting water from any source or supply except in pursuance of a licence granted by Natural Resources Wales and in accordance with the provisions of that licence – between September 10, 2019, and October 22, 2020.

They received no separate penalty for causing or permitting the flow of any inland waters to be obstructed or impeded at any point by means of impounding works when a licence authorising such an impoundment was not in place – between those same dates.

Recorder Richard Kember ordered each defendant to pay £2,250 in costs, and a £32 surcharge.