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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.

News

Meeting to take place to discuss impact of Brexit on Pembrokeshire and west Wales.

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PEMBROKESHIRE for Europe will be holding an open meeting at the Bloomfield Centre, Narberth on 19 September at 7pm on the impact of Brexit on Pembrokeshire and West Wales. Three distinguished speakers will give their perspectives on the impact of Brexit on Pembrokeshire and West Wales:-

Edward Perkins will speak about the impact on agriculture. Edward has enjoyed a long career as auctioneer and valuer for over 50 years. This has involved close contact with the agricultural industry on a wide variety of activities. Although based in West Wales his work has taken him to most parts of Wales an on various activities in Europe in the agricultural field. He has served many organisations and committees including 10 years on the Secretary of State advisory committee on agriculture. He has provided replies to many agricultural consultation papers. He is currently a consultant to the Edward H Perkins firm of rural surveyors and agricultural valuers.

Jeremy Percy will speak about the impact on fishing. Jeremy has been crew, skipper and owner of a variety of fishing vessels and was previously Deputy Director of the South Wales Sea Fisheries Committee and CEO to the Low Impact Fishers of Europe platform when he represented the interests of the small scale commercial fishermen across 16 european member states. He is currently director of the New Under Ten Fishermen’s Association in these challenging times for the UK’s fishing industry.

Gwyn Evans, Brexit Lead Officer for Pembrokeshire County Council will speak about the preparations the Council is making. In 2018 Gwyn developed the methodology behind the Brexit impact log that has since been adopted by numerous Councils across Wales and England. Since then he has been working with colleagues in Pembrokeshire and beyond on Brexit preparations and earlier this year was part of a Welsh Local Government Association delegation to Cornwall examining Brexit preparedness. Gwyn is a Chartered Secretary and Accounting Technician with considerable experience working on EU regional policy. He has worked in local government since 1982.

We have also invited a representative from the Welsh Government.

Alistair Cameron from Pembrokeshire for Europe said: “Since joining the Common Market in the 1970s, Pembrokeshire together with the rest of Wales and Britain has benefited through frictionless trade with over 300 million customers in the EU. Our ferries at Fishguard and Pembroke Dock enjoy easy access to Ireland. Also thanks to our membership of the European Union, we benefit from free trade agreements with over 50 countries around the world.”

We are organising this meeting to discuss the benefits of EU membership to Pembrokeshire and West Wales and also the risks of Brexit. Everyone is welcome to come to this open meeting to ask questions and take part in the discussion.

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Politics

Disabled people hit hardest by changes to benefits

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CHANGES to the welfare system over the past ten years have left disabled adults four times worse off financially than non-disabled adults, according to new research commissioned by the Disability Benefit Consortium, a coalition of over 80 UK disability organisations.

While many people who receive welfare support have experienced cuts of an average of £300 as a result of changes to the welfare system, disabled people have typically lost around £1,200 per year.

. The research, funded by the Three Guineas Trust, is the first comprehensive study looking specifically at the cumulative impact of welfare changes on disabled people, and conducted by the University of East Anglia, the University of Glasgow and Landman Economics.
The research also found:

. The more disabilities you have the more you lose out, for example someone who has six or more    disabilities loses over £2,100 each year on average, whereas someone with one disability loses around £700 each year.

Households with one disabled adult and one disabled child lose out the most, with average losses of over £4,300 per year.

Today’s report by the Disability Benefits Consortium (DBC), ‘Has welfare become unfair – the impact of changes on disabled people’, which is based on this research, looks at the financial impact and lived experiences of welfare reform on disabled people over the past ten years.

As part of the research, 50 people living with a variety of conditions and disabilities were interviewed about their experiences. People said that they found the application and assessment processes highly stressful, and that they did not feel trusted, and constantly challenged.

The DBC also state that the current system has become so complex and dysfunctional, that many disabled people have found it has had a devastating impact on their wider health and wellbeing.

Pam McGee, 48, from Kent, was diagnosed with multiple sclerosis (MS) in 1994, which severely impacts her mobility. After a PIP assessment in 2017 she lost the higher rates for both the mobility and daily living components, which means her support was cut by £290 a month and she no longer qualifies for a Motability car. She’s now appealing the decision and says the stress caused by this process has impacted her health. She said: “If I lost my car, I don’t know how I’d carry on. I’m terrified I’ll be out of a job because without the car I won’t be able to get anywhere. If I can’t work at the age of 48, I would lose all of my pride. People always ask ‘What’s your name and what do you do?’ My job is what defines me.

“In the last 10 weeks I’ve had a massive relapse. I went dizzy and lost all feeling in my left leg. When I spoke to my neurologist he said the relapse was probably caused by stress. I’ve also been depressed and eating less.

“PIP has caused me and my family a lot of anxiety and stress. It’s caused my MS symptoms to worsen, which has reduced my mobility, confidence, and ability to take care of myself physically as well as mentally.”

The DBC say that the failure to include disability premiums as part of Universal Credit, and poorly designed assessment criteria are just two examples of the problems that are leaving disabled people worse off and is calling on the Government to make urgent improvements to the welfare system to ensure it works for everyone.

Michael Griffin, Research Lead for the DBC and Senior Policy Adviser at Parkinson’s UK, said: “For the first time, our research has shown just how much disabled people are bearing the brunt of the disastrous changes to welfare.

“Many disabled people have not yet even experienced the full extent of the cuts because they are still waiting to be moved over to Universal Credit. However, when this happens there will be a surge in poverty among those who are already at a crisis point.

“This is simply disgraceful and cannot be allowed to continue. The Government must make urgent improvements to the application processes and assessment criteria, and resolve the flaws in Universal Credit before more people are denied the support they desperately need to live independently.”

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Politics

Carers Week: Eluned Morgan AM says thanks to carers everywhere

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by Eluned Morgan AM

WE’VE just celebrated ‘Carers Week’; an opportunity to say a massive ‘Thank You’ to all carers everywhere. No matter what age you are, who you care for and support, where you live or how much time it takes, every act of caring matters and deserves to be recognised.

Every day, people start caring for the first time. Carers are often hidden from view – putting their own health and wellbeing to the back of the queue. Many can become socially isolated, and some face financial pressures as a result of juggling work life with caring responsibilities.

We know that there are at least 370,000 carers in Wales (that’s more than the population of Cardiff) and that three in five of us will undertaking a caring role at some point in our lives. The latest census revealed that there were at least 15,000 carers in Pembrokeshire, a figure that probably underestimates reality.

I had the opportunity to meet carers from across the region in an event organised by Carers UK at the National Assembly. It became apparent from my conversations that, for many, it is a challenge to know how or where to get help. Caring can creep up unnoticed: for many, it begins with parents suddenly being unable to manage alone, or a partner’s health gradually becoming worse.

But it is important to know that there is support available and people shouldn’t put off asking for help. Organisations like Carers UK are there to listen, to give expert information and advice, tailored to your situation, to champion your rights and support you in finding new ways to manage at home, at work, or wherever you are.

If you know someone who could benefit from some help, please spread the word. We can all play our part in recognising and celebrating the essential contributions carers make, sharing information about caring support services within our local communities.

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