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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

WG ends right to buy

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HOUSING association and local authority tenants in some parts of Wales have until January 26 to use the Right to Buy and associated Schemes after which they will be abolished in Wales.

People who are eligible and wish to buy their own home must have completed an application form available from their landlord or the Welsh Government website and submitted it to their landlord before the upcoming deadline of 26 January 2019.

Housing and Local Government Minister Julie James said: “We passed the Abolition of the Right to Buy and Associated Rights Act to protect the stock of social housing in Wales from further reduction, so it is available to provide affordable housing for people who need it. This legislation is one of a range of actions we are taking to increase the supply of housing in Wales.

“Between 1981 and 2016, over 139,000 local authority and housing association homes were sold under the Right to Buy. This has led to many people, many of whom are vulnerable, waiting longer to access a home they can afford. Abolishing the Right to Buy is also giving social landlords more confidence to invest in building new social housing by removing the risk of these homes being sold after only a few years.

“We are committed to creating 20,000 more affordable homes by 2021 and we are supporting social landlords to help us to achieve this.”

Right to Buy has already been suspended in Anglesey, Carmarthenshire, Denbighshire, Flintshire, Powys, Swansea and Cardiff. Following the one year allowed under the Act to exercise their rights, the Right to Buy and associated rights will finally be abolished throughout Wales on the 26 January 2019.

Further information is available from housing associations and local authority housing teams. Information on the legislation and how it will affect tenants is available on the Welsh Government website

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Politics

Brexit bots increased division

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A RESEARCH collaboration from academics at Swansea University and the University of California, Berkeley suggests that information automated software agents or ‘bots’ were used to spread either ‘leave’ or ‘remain’ social media stories during and after the Brexit referendum which drove the two sides of the debate further apart.

Research by Professor Talavera Professor, and PhD student Tho Pham from the School of Management, in collaboration with Professor Yuriy Gorodnichenko, at University of California, Berkeley, focused on information diffusion on Twitter in the run-up to the EU Referendum.

Professor Talavera said: “With the development of technology, social media sites like Twitter and Facebook are often used as tools to express and spread feelings and opinions. During high-impact events like Brexit, public engagement through social media platforms quickly becomes overwhelming. However, not all social media users are real. Some, if not many, are actually automated agents, so-called bots. And more often, real users, or humans, are deceived by bots.

TWITTER ANALYSIS
Using a sample of 28.6 million #Brexit-related tweets collected from 24 May 2016 to 17 August 2016, researchers observed the presence of Twitter bots that accounted for approximately 20 per cent of total users in the sample. Given the preponderance of re-tweets from bots by humans, a key question is whether human users’ opinions about Brexit were manipulated by bots.

Empirical analysis shows that information about Brexit is spread quickly among users. Most of the reaction happened within 10 minutes, suggesting that for issues critically important to people or issues widely covered in the media, informational rigidity is very small. Beyond information spread, an important finding is that bots seem to affect humans.

However, the degree of influence depends on whether a bot provides information consistent with that provided by a human. More specifically, a bot supporting leaving the EU has a stronger effect on a “leaver” human than a “remain” human.

‘ECHO CHAMBER’
Further investigation shows that “leavers” were more likely to be influenced by bots compared to “remainers”. These results suggest that dissemination of information is consistent with what is frequently referred to as an ‘echo chamber’ – a situation in which information, ideas, or beliefs are amplified or reinforced by communication and repetition inside a defined system, revealing that the outcome is that information is more fragmented rather than uniform across people.”

Professor Talavera said: “Social bots spread and amplify the misinformation, thus influencing what humans think about a given issue. Moreover, social media users are more likely to believe (or even embrace) fake news that is in line their opinions. At the same time, these users distance themselves from reliable information sources reporting news that contradicts their beliefs. As a result, information polarisation is increased, which makes reaching consensus on important public issues more difficult.”

“It is now vital that policymakers and social media should seriously consider mechanisms to discourage the use of social bots to manipulate public opinion.”

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Politics

WG gets help on regional development

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THE ORGANISATION for Economic Co-operation and Development (OECD) will lead a new project to support the development of regional economic development policy in Wales, Economy Minister Ken Skates and Brexit Minister Jeremy Miles have announced.

The Paris-based experts will use their extensive international experience of regional economic development to provide rigorous challenge and advice to the Welsh Government as it implements its new Economic Action Plan and develops new plans for Regional Investment in Wales after Brexit.

As world leaders in their field, the OECD’s input will help ensure that Wales’ future regional economic development model embeds international best practice.

The internationally-renowned body has provided advice to the Welsh Government before. In 2014, it produced a major report to help improve schools in Wales. In subsequent years it has also supported Welsh Government work on schools reform.

This new project will see international experts visit Wales and discuss regional economic challenges and opportunities with partners. This, in turn, will help the Welsh Government to develop a new toolkit for action as well as clear international benchmarks to monitor performance.

Minister for Economy and Transport Ken Skates said: “Our new Economic Action Plan is a major public policy reform and I want to ensure we receive the very best advice and strongest international challenge to help us achieve our economic ambitions.

“The changes we have outlined through the Economic Action Plan to boost regional economies across Wales are profound, as is our ambition for stronger regional partnership working in Wales to boost inclusive and sustainable growth. There is no-one better to help us deliver this than the OECD.

“We have asked the OECD to advise us on ways to strengthen regional economic governance, build capacity, and support more joined up economic policymaking, including through developing a practical toolkit for both us and our partners to use to support those changes.
“We must ensure Wales remains competitive and that we benchmark ourselves against the best and learn from great ideas and new innovation across the world.”

Minister for Brexit Jeremy Miles said: “EU regional investment has helped improve our economy, but Wales needs further investment to address the structural economic challenges we continue to face. We continue to press the UK Government for the £370m annually we receive for our European Structural and Investment funds in Wales in keeping with promises made during the referendum campaign that Wales would not be worse off and for regional economic development in Wales to remain with the Welsh Government after we leave the EU.

“Our project with the OECD will play an important part in Wales’ development of the right policy and structures for a successor regional investment approach to replace EU regional funds, closely aligned to our Economic Action Plan. We are not looking to simply replicate the EU model in Wales, and are committed to creating a new, made in Wales approach that reflects international best practice, builds on Wales’ distinctive legislative and policy landscape, and delivers for our people, businesses and communities.

“This partnership with the OECD will help strengthen that work and give confidence to our partners that new and dynamic partnerships can be formed to innovate and link policies in fresh and imaginative ways.”

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