A COUPLE from Pembrokeshire, Carl Platel and Helen Platel, have been ordered to pay a combined total of almost £5,000 after diverting water from rivers to operate their unlicensed hydroelectric turbine. The Platel couple set up the hydroelectric generation scheme on their land near Bridgend, extracting water from three sources at Gilfach Orfydd and the Cwm Dimbath.

Prosecutor Jon Tarrant revealed in court that one of the water sources was aided by a homemade weir constructed from stone and waterproof tarpaulin, which raised the water level to facilitate extraction. However, such activities require a license from Natural Resources Wales (NRW), costing £375, to protect the environment and ensure the safety and viability of the hydropower scheme.

The defendants’ scheme came to the attention of NRW in 2009, leading to a warning issued in August of that year. Despite this, in 2016, an application for a license was submitted. When NRW visited the site again and discovered the turbine operating, the defendants were reminded that it should not be in operation until the application was approved. Ultimately, the application was withdrawn in August 2016.

Subsequent visits by NRW in 2017 confirmed that the turbine was still operational. During the following three visits, spanning from 2017 to August 2018, the turbine remained unused. At that time, NRW informed the defendants that they would not face legal action for the historical breaches but warned that future operation without the relevant license would result in prosecution.

In 2020, NRW visited the farm once more. Although access to the building was not possible, the audible operation of the turbine indicated that it was still active. When NRW returned on October 22 of the same year, the turbine was found to be operational once again.

Prosecutor Jon Tarrant emphasized the importance of regulating such activities, stating, “There are reasons why this is a regulated activity. The parties were aware of the requirement for a license from the outset. It’s not accepted that this was in operation for purely altruistic reasons. There was a benefit.”

While it was agreed by both parties that no environmental damage had occurred, defense lawyer Christian Jowett argued that the defendants had not financially benefited from the hydropower scheme except for the £375 license fee. Jowett highlighted that the defendants had pleaded guilty to the offenses in September 2021 at Haverfordwest Magistrates’ Court, but the proceedings under the Proceeds of Crime Act (POCA) had caused significant costs and stress over the past 18 months, amounting to £61,000 in legal fees.

Jowett acknowledged the history of warnings and stated that the couple’s motivation was centered around sustainable generation. He read a statement from Mr. Platel expressing deep regret and acknowledging that their passion for the scheme had blinded them to the necessity of obtaining a license.

One of the hydroelectric power schemes is now fully licensed, while the other is awaiting approval of its license, Mr. Jowett informed the court.

During the POCA proceedings, NRW initially sought a benefit figure of £102,000 but later reduced it to £90,000, including the cost of the license fee.

For the offense of abstracting water without a license between September 10, 2019, and October 22, 2020, the defendants were each fined £200. No additional penalty was imposed for causing or permitting the obstruction or impediment of inland waters without the required license during the same period.

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

The case serves as a reminder of the importance of adhering to licensing requirements and regulations surrounding sustainable energy projects, ensuring the protection of the environment and the safety of such initiatives.