Freedom of Information responce to the Tunnel Coal Tip Cwmbach

A Category C coal tip is classified by the Welsh government as having the potential to impact public safety, requiring at least one inspection per year. This indicates a risk of collapse or landslide, though it is not an immediate threat.

Email to Rhondda Cynon Taf County Borough Council below.

RE: URGENT INTERNAL REVIEW REQUEST – CATEGORY D COAL TIP SAFETY CONCERNS

13 May 2025

I am writing to express my serious concerns regarding the lack of response to my internal review request submitted on 8 March 2025, pertaining to my original correspondence dated 2 February 2025 (which I subsequently resubmitted when informed it had not been received).

Despite the clear statutory timeframes for responding to internal review requests, I have yet to receive any formal response. This delay is particularly concerning given the critical nature of this matter.

Public Safety Concerns:

The information requested relates to a Category D coal tip – classified as among the most dangerous. This is not merely an administrative matter but one of significant public safety concern for the following reasons:

Visible erosion is currently taking place along the Nanty-Y-Grose watercourse that runs parallel to the tip
Recent severe weather patterns have already caused infrastructure damage in the immediate vicinity, as evidenced by the council’s previous repairs to the bridge on the public Right of Way adjacent to the coal tip
The watercourse is progressively eroding the base of the coal tip, as documented in the photographs I have provided

Public Interest Considerations:

Since the council has assumed responsibility for this coal tip from its previous private ownership, this matter directly concerns the appropriate use of public funds. The wider community has a legitimate interest in:

How public money is being allocated to manage this high-risk site
What safety assessments have been conducted
What remediation plans exist
The timeline for implementing necessary safety measures

This transparency is fundamental to democratic governance and public accountability.

Historical Context:

As someone who personally remembers the 1966 Aberfan disaster (I was working in Trecynon constructing the Trecynon Police Station at that time), I am acutely aware of the devastating consequences when coal tip safety concerns are not properly addressed. The Aberfan inquiry found that:

Warning signs (including water seepage and minor slips) had been evident before the disaster
Residents’ concerns had been raised with officials
Authorities incorrectly assumed a major collapse was unlikely
The National Coal Board failed in its duty of care and ignored known risks

The tragedy that claimed 144 lives, including 116 children, resulted not from a lack of public information but from institutional failure to act on known dangers and insufficient transparency and accountability.

I respectfully urge the council to fulfill its obligation to respond to my internal review request without further delay and to provide the requested information about the Category D coal tip safety measures.

AberdareOnline

View from on top of the coal tip

Coal tip safety

Rhondda Cynon Taf Council Response

As the Director of Legal Services it falls to me to consider such matters where a request has been made to review how the freedom of information request was originally handled.

Firstly, I would like to apologise for the delay in the requested information reaching you.

Your request has been considered in accordance with the Environmental Information Regulations 2004. The Council’s response is set out below:

1. Inspection Reports & Reclassification Criteria

· Please provide the dates of the last three inspections of the Cwmbach Category D tip.

10/12/2024

15/01/2025

07/02/2025

· Please provide copies of the inspection reports for these three inspections.

Refer to the attachments below

The tip was previously downgraded but has now been reclassified as Category D—What was this reclassification based on?

During the most recent (and scheduled) categorisation review of RCTCBC tips undertaken in July 2021 CV063 was classified as a D tip and remained so after review.

· Please provide copies of the report(s) and rationale that led to the reclassification.

There was no reclassification of this tip following review in 2021, therefore there are no reports or rationale regarding a reclassification.

2. Tip Management & Safety Measures

·Please provide a copy of the tip management plans outlining maintenance and safety measures for the Cwmbach Category D tip.

Please provide copies of any agreements or orders issued by the supervisory authority regarding the Cwmbach tip.

Please provide a copy of the risk assessment conducted for this tip, as required by law.

The above queries refer to matters outlined in DRAFT legislation presented by Welsh Government in December 2024. Tip management plans and the guidance relating to the proposal of these is not currently in place; there is no Supervisory Authority at this time; risk assessments are not currently required by law. Therefore, Regulation 12(4)(a) of the Environmental Information Regulations 2004 applies, which states that a public authority is not required to disclose information it does not hold. In accordance with the requirements of Regulation 14 of the Environmental Information Regulations 2004, this email acts as a Refusal Notice to this part of the request.

3. Borehole & Hydrological Analysis

The tip contains several boreholes (e.g., BH02, BH03). What data has been collected from these boreholes?

The boreholes provide information on ground composition, including soil descriptions and geotechnical/geo-environmental material properties. Equipment installed in the boreholes enables routine groundwater depth readings.

The Nant Y Groes watercourse runs at the base of the tip, and there is visible erosion and movement of the tip, as shown in the attached photographs. What steps is RCT Council taking to prevent further erosion and potential instability of the tip?

Grant funding has been approved for commissioning an optioneering report on scour remediation next to the eastern watercourse. Actions will be determined based on recommendations from this exercise and the availability of funding.

4. Rationale Behind Council’s Acquisition of the Tip

Minecom Limited, the previous owner, remains an active and successful company specializing in opencast mining. Why did the Council purchase this high-risk coal tip, transferring financial and environmental liability onto the taxpayer?

The former owners had no interest in retaining ownership of the land which was advertised for sale by auction in July 2023. The purchase offered an opportunity to acquire the land “off market” and away from a public auction, to control its future use and undertake necessary works when required, to maintain the land as existing. This approach directly supports the Council’s 2020-2024 Corporate Plan – ‘Making a Difference’ throughout RCT.

The Council justified the acquisition by stating it would contribute to priorities such as:

Public health and well-being

Transportation improvements

Economic regeneration

Environmental protection

Can you explain how acquiring a dangerous coal tip aligns with these objectives?

The above question does not constitute a Freedom of Information Request as set out under the Act. The Freedom of Information Act requires the Council to provide ‘recorded information’ which is held by the Council at the time the request is received. Your question will be dealt with as normal council business and I will forward your email to the relevant department who will respond to you in due course.

The Council’s description of the site mentions 12.90 acres of woodland but omits any reference to the hazardous coal tip and the long-term financial implications for taxpayers. What was the reason for this omission?

CV063 December 2024 RCT Tip Report Redacted Download

2025.01.15 – CV063 Redacted Download

2025.02.07 CV63 redacted Download