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Politics

WG consults on new planning process

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Connecting communities: WG proposes two stage approach

THE WELSH G​OVERNMENT ​has published proposals to change the way major infrastructure projects are consented.

A new approach is needed because more consenting powers are due to be devolved on April​ 1,​ 2019. The Welsh Government is also taking the opportunity to combine a number of existing processes into a single streamlined “one-stop shop” consenting process.

Two stages are being proposed:

  • An interim solution requiring changes to existing processes; and
  • A long-term solution requiring primary legislation to establish an entirely new form of consent.

The proposals only apply to areas where consenting is devolved.

So for example, in future, projects like the proposed M4 relief road around Newport and the 200 Megawatt (MW) Swansea Bay tidal lagoon would need to be consented through the new process, whereas the 2,700MW Wylfa Newydd nuclear power station would not, because consenting for generating stations with a capacity of over 350MW would remain with the UK Government.

CURRENT SITUATION

Wales currently has three tiers of consenting processes for most infrastructure projects (there are some exceptions):
Smaller projects are decided by local planning authorities;

Larger projects, where consenting is devolved, are decided by the Welsh Government through the Developments of National Significance (DNS) process; and

Larger projects, where consenting is not devolved, are decided by the UK Government through the Nationally Significant Infrastructure Projects (NSIP) process.

Consents by local planning authorities and the Welsh Government are given under the Town and Country Planning Act 1990 (TCPA) – this is often known as planning permission.

NSIPs require a different kind of consent called a Development Consent Order (DCO), which is given under the Planning Act 2008. DCOs can include consents on a range of associated matters – these are often called secondary consents.

NEW POWERS

The Wales Act 2017 devolves further consenting powers which are due to come into force on 1 April 2019:

Energy generating stations with a capacity of up to and including 350MW onshore and in Welsh waters (which is an inshore area out to approximately 12 nautical miles from Welsh shores). This doesn’t include onshore wind which is already devolved with no upper limit; and
Overhead electric lines of up to and including 132 Kilovolts (KV) that are associated with a devolved energy generating project.

In addition, the Wales Act has already devolved consenting for Harbour Revision and Empowerment Orders, which are made under the Harbours Act 1964, for most Welsh ports. These new powers came into force on ​April 1​.

WHY A NEW PROCESS IS NEEDED

The way in which the Wales Act devolves the new powers creates some anomalies which need to be resolved to ensure an efficient and effective approach to consenting.

The consenting powers for energy generating stations and overhead electric lines mentioned above are currently consented by the UK Government through the DCO process.

In devolving these powers, the Wales Act takes consenting for these projects out of the DCO process and places consenting for devolved generating stations in Welsh waters back into the former Electricity Act 1989 process. On land, the consenting of devolved generating stations and associated overhead electric lines is placed into the TCPA process, instead of the Electricity Act. The TCPA has previously not been used to consent this scale of generation project.

For a number of reasons set out in the consultation document, this is seen as a backward step.

In addition, the Welsh Government favours taking a more integrated and streamlined approach to infrastructure consenting. It wants to establish a one- stop shop approach for major devolved projects, similar to the UK Government’s DCO process. This, it argues, would provide more consistent and transparent decision-making, and more certainty for communities and developers alike.

The alternative would be to continue with a number of different processes each with their own requirements, established under separate legislation (including the TCPA, Electricity Act and Harbours Act mentioned above).

The one-stop shop approach also allows a number of secondary consents to be included in the main consent, rather than having to be applied for separately.

Some associated changes to the compulsory purchase process are also proposed.

INTERIM SOLUTION

The Welsh Government says an interim solution is necessary because there isn’t enough time to set up an entirely new process before ​A​pril​ 1,​ 2019.

The interim solution involves amending secondary legislation to include the newly devolved onshore energy generating stations and electric lines within the existing DNS process.

Offshore energy generating stations will be consented under the Electricity Act, with a new fee structure based on full cost recovery. Harbour Revision and Empowerment Orders will continue to be made under the Harbours Act.

Offshore energy generating stations and Harbour Revision and Empowerment Orders can’t be brought into the DNS process because the TCPA, under which the DNS process was established, only extends to the low water mark.

The interim solution is due to come into force on ​April 1,​ 2019 and will remain in place until the new process is established. The consultation document suggests this will be after 2020.

LONG-TERM SOLUTION

The long-term solution is to establish a new one-stop shop consenting process that is bespoke to Wales.

The consent would be called Welsh Infrastructure Consent (WIC) and projects captured by it would be called Welsh Infrastructure Projects (WIPs). The Assembly would need to pass primary legislation to establish the new process.

The WIC would consolidate existing consents under the TCPA, Electricity Act, Harbours Act, and a number of other consents made under highways legislation, into one single type of consent. The WIC would also include a wide range of secondary consents, including Compulsory Purchase Orders, Marine Licences and Environmental Permits.

The consenting process would be accompanied by thresholds and policies against which the individual projects can be assessed. Key policies would include Planning Policy Wales, the National Development Framework and the Wales National Marine Plan. The fee structure would be based on full cost recovery.

The WIC process would be designed to be flexible to capture projects of varying types and sizes. It would take a “proportional approach”, enabling certain types of decisions to be made more quickly, and others, which are more complex, to receive greater scrutiny.

This includes introducing a category of optional WIPs that the developer could choose to submit either via the WIC process or to the local planning authority. In the case of offshore projects, where there is no local planning authority, the alternative route for optional WIPs would be via the marine licencing process.

The WIC process would also require developers to engage with local communities before submitting their applications and provide greater opportunity for the public to participate during the examination process. There would also be a specific role for local planning authorities in documenting impact in their areas.

However, the consultation does not address the transfer of regional infrastructure projects away from elected councils and into the hands of unelected so-called ‘City Deal’ boards or their rural counterpart in Mid Wales. The complication of creating a national structure without accounting for looming changes in the delivery of infrastructure services is – as it stands – both unresolved and a likely source of future confusion.

Politics

Paul Davies Plays Cancer Strategy Jenga

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Preseli Pembrokeshire Assembly Member Paul Davies recently met with representatives of Cancer
Research UK and even had a go at their Cancer Strategy Jenga! Mr Davies heard how there are around
2,700 cancer cases per year in the Hywel Dda University Health Board area and that to achieve better
outcomes for patients, the Welsh Government needs to tackle preventable risk factors and address
shortages in the cancer workforce.

Mr Davies said, “It was a pleasure to speak to Cancer Research UK about how we can improve cancer
services and patient outcomes for those affected by cancer in Pembrokeshire. I enjoyed playing the
Cancer Strategy Jenga and learning about the different ‘planks’ that an ambitious cancer strategy for
Wales should have. Thanks to research and improvements in diagnosis and treatment, survival in the UK
has doubled since the 1970s so, today, 2 in 4 people survive their cancer and hopefully that figure will
continue to rise. I will of course, be doing all that I can to call on the Welsh Government to bring forward
a cancer strategy – and one that makes a very real difference to patients and their families in Wales.”

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Community

Closing day approaching for deposit plan consultation

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The deadline is nearing for public comments on Pembrokeshire County Council’s replacement Local Development Plan – known as the Deposit Plan.

The public consultation on the Deposit Plan opened in January and will end at 4.30pm on Wednesday, 18th March.

The consultation has included seven drop-in sessions at locations around the county. Cllr Jon Harvey, Cabinet Member for Planning, said they had been well-attended and thanked members of the public for their feedback.

“We would encourage anyone interested in the future development of Pembrokeshire to participate in the consultation if they haven’t yet done so,” he added.

The Deposit Plan and related documents are available to view on the Council’s website at: www.pembrokeshire.gov.uk/local-development-plan-review/deposit

The Deposit Plan covers the area of Pembrokeshire excluding the National Park.

It identifies a need for 6,800 new homes between 2017 and 2033 (425 a year) including 2,000 affordable homes. This growth will be distributed across the Plan area in accordance with a whole County strategy, which promotes sustainable development.

Residents can look at the Deposit Plan text and maps to view proposals in their area. The Plan proposes revised town and village boundaries (known as settlement boundaries) and a range of sites are allocated for different land uses, including 70 sites for housing. It also identifies a range of industrial sites (known as Strategic Employment Sites), local employment sites and two quarry sites.

The Deposit Plan seeks to respond to the challenges of climate change by including policies and designations to protect sites and species that are of importance for their biodiversity and nature conservation interest, open spaces and Green Wedges.

New growth is directed to sustainable locations. Proposals for vulnerable uses are directed away from flood risk areas and new development will be limited in areas at risk because of climate change. All new dwellings will be built to high quality, energy efficient designs and will incorporate charging points for ultra-low emission vehicles. Three sites are allocated for solar photovoltaic arrays.

The Deposit Plan and related documents are available to view on the Council’s website at: www.pembrokeshire.gov.uk/local-development-plan-review/deposit

Hard copies are also available at County Hall, Haverfordwest, in Pembrokeshire County Council Customer Service Centres and in local Libraries, during normal opening hours.

• If you wish to have your say on the Deposit Plan you can do so using the Representations Form available online at the above website address, or in paper format from County Hall, Haverfordwest. This form should be used for making comments wherever possible.

• Please email your representation forms to ldp@pembrokeshire.gov.uk or post to The Development Plans Team, County Hall, Freeman’s Way, Haverfordwest, Pembrokeshire, SA61 1TP by 4.30pm on Wednesday, 18th March 2020.

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News

Pembrokeshire MP calls on Government to Secure Access to Cash

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Preseli Pembrokeshire MP Stephen Crabb has joined the Association of Convenience Stores, British Retail Consortium, Federation of Small Businesses, Positive Money and Responsible Finance in urging the Chancellor to use next week’s Budget to secure long-term access to cash across the UK.

Stephen Crabb has endorsed action on access to cash in a private letter to the Chancellor submitted today (Thursday). The letter outlines that to secure long-term access to cash, the Chancellor should use his Budget to:

• Reverse the arbitrary cuts to LINK interchange fees paid by banks to fund the network
• Exempt free-to-use ATMs from business rates bills
• Recognise that ATMs are the only infrastructure through which to guarantee national access to cash

ATM closures and big banks leaving communities behind are threatening the future of cash. Research commissioned by the Payment Systems Regulator shows that ‘the majority of consumers use cash regularly’ while the Access to Cash Review has found that eight million adults would struggle to cope in a cashless society.

Stephen Crabb, MP for Preseli Pembrokeshire, said: “In many rural areas cash machines have been disappearing at an alarming rate despite the fact that lots of people still prefer to use cash. Many small businesses have yet to make the move to contactless or digital payments because mobile and internet coverage is so weak in rural areas. There is a danger of cash deserts emerging in areas where there are no ATMs or bank branches. I hope the Chancellor and his team at the Treasury consider what steps need to be taken to address these trends”.

ACS chief executive James Lowman said: “We acknowledge the growth in digital payments but access to cash remains crucial for the millions who still rely on it for essential purchases. We need a planned approach to changing payment methods instead of the haphazard removal of free to use ATMs from communities.

“Cash back is not a workable replacement for the whole ATM network and comes with costs and security risks for businesses. We need the Chancellor to take action at the Budget to reverse cuts to interchange fees and exempt free to use ATMs from business rates that are making them unsustainable for ATM operators and local shops to host.”

British Retail Consortium Head of Payments Policy Andrew Cregan said: “Cash accounts for almost 40% of retail transactions and is important to many vulnerable people, especially as a tool for budgeting and control. Government should safeguard consumers’ access to cash by ensuring retailers are fairly rewarded for providing cashback services to customers and protecting the viability of free-to-use ATMs.”

Federation of Small Businesses National Chairman Mike Cherry said: “Cash is the payment method of choice for millions of small business customers, and millions more see it as an important part of the payments mix. There are some straightforward steps that the Chancellor can take on Wednesday to bolster our rapidly declining cash infrastructure. Removing business rates on free-to-use cash points is a good starting point. This a prime example of the many stifling quirks that exist within the archaic rates system. Equally, if the Treasury wants more small businesses to offer cashback, it must ensure they are given sufficient financial support to take that on.”

Positive Money Executive Director Fran Boait said: “After being bailed out by the public, banks have repaid the favour by slashing support for free ATMs, making us pay to access our own money. The Chancellor must stand up to banks’ cost-cutting in the Budget and make sure it is them and not the public who pay for Britain’s cash machine network.”

Responsible Finance Chief Executive Theodora Hadjimichael said: “The perils of relying on a single payment method have been illustrated by the weaknesses of digitalised financial systems, and the rapidly decreasing availability of free-to-use cash machines leaves million of people struggling to make payments, including the elderly and vulnerable. Paying for access to cash can compound the poverty premium for low-income families who rely on cash for their day to day budgeting and spending. It is critical that the Chancellor acts now to secure long-term access to cash across the UK.”

LINK, the ATM network body, is required under Specific Direction 8 from the Payment Systems Regulator to ensure the ongoing availability of access to free-to-use ATMs for consumers across the country. However, LINK’s own data shows over 500 free-to-use ATMs are closing every month and one-in-ten areas no longer have free access to cash via an ATM despite LINK’s commitments under the Financial Inclusion Programme.

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