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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

Pembrokeshire Liberal Democrats wants more pensioners to keep their free TV Licences

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Pembrokeshire Liberal Democrats have expressed their concern at the decision taken by the BBC to save £450m a year from 2020, to remove the free TV licence for those over 75 years of age from those pensioners not in receipt of Pension Credit.

This could see 3.7m pensioners currently benefitting from a TV licence, having to start paying from 2020. The decision was made by the BBC following the government’s decision to transfer the funding of licences from the government to the BBC.

Liberal Democrat Department of Culture, Media and Sport spokesperson Jane Bonham-Carter said “Concessions for over 75’s are a social cost which should not be paid from the licence fee, but from central Government funding.

Government, not the BBC should be responsible and accountable for their social policies. If the Conservative Government does not want to pay for free licences for over 75’s then they should be upfront about their policy. However, passing the buck onto the BBC is underhand and risks undermining the BBC’s financial viability to provide what the license fee payer expects.”

Age UK have said that 1 in 4 over the age of 65 say that TV is their main form of companionship.

Alistair Cameron, the Welsh Liberal Democrat Prospective Parliamentary Candidate for Carmarthen West & South Pembrokeshire said “There has been much coverage of this issue on TV and social media since the BBC made the announcement that it was withdrawing free TV licences from all pensioners except those on Pension Credit.

Many pensioners over the age of 75 are not able to get out a lot. For them, the TV is a really important part of their lives.

A lot of pensioners have to survive on a low income, including those who do not claim pension credit. Having to pay for a TV licence will be very hard on them.”

Andrew Lye, the Chair of Pembrokeshire Liberal Democrats said “Many people are annoyed at the decision and rightly so.

I can appreciate that the wealthy over 75 currently receive a free TV licence as do those on a basic state pension. We must remember that there are many pensioners not in receipt of pension credit and struggle to manage on their pension. MP’s need to remember that the Conservative 2017 Manifesto committed them to free TV licenses for the over 75’s for the duration of this Parliament, and the ‘grey vote’ will remember this broken promise at the next General Election.”

Andrew Lye went on to say, “Of course with the latest released figures showing £3.1bn of unclaimed Pension Credit in the UK, I would call upon pensioners in Pembrokeshire to phone 0800-991234 as the website https://www.gov.uk/pension-credit/how-to-claim states that phoning them is the quickest way to find out if you qualify. Who knows, you may get money that you are entitled to”.

Andrew Lye added, “We call upon the Government to resolve this issue as it is unfair that it will affect millions of pensioners and we hope that Pembrokeshire MP’s, Stephen Crabb and Simon Hart will make representations to the Prime Minister. Just because you do not claim or get Pension Credit, you cannot automatically assume that they are all well off on their pension. With the growing problem of loneliness in the elderly, especially where a partner has died, the TV is a vital lifeline and we should treat our pensioners better”.

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News

Review of polling districts and places

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PEMBROKESHIRE COUNTY COUNCIL has launched a review of polling districts and polling station locations across the county.

The aim is to ensure that all polling districts and polling places are, as far as possible, suitable and accessible to all voters.

The Council welcomes comments from those satisfied with the present arrangements but is also keen to hear from those with a different view.

Suggestions on more suitable premises for polling stations than the current ones would be appreciated, as would any specific issues relating to access.

To find out more and pass on views visit: here

Alternatively, telephone the Council’s Customer Contact Centre on 01437 764551 for hard copy documents.

The review runs until 26th July.

Representations received will be considered and final recommendations will be discussed at Full Council on 10th October.

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News

First Minister calls for a second EU referendum

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THE FIRST MINISTER of Wales, Mark Drakeford, has called for a second EU referendum in response to the imminent change in Conservative leadership.

After the results of the European Parliamentary Elections were announced, Mr Drakeford issued a statement, saying: “I warmly congratulate Jackie Jones on her election as a member of the European Parliament. Jackie, along with Matthew [Dorrance], Mary [Wimbury] and Mark [Whitcutt] served our party as candidates in what has been the most challenging of circumstances.

“Ever since the referendum in 2016, the Welsh Government has respected the result by arguing for a form of Brexit which would protect Welsh jobs and our economy. Labour colleagues in Westminster have done the same, most recently in negotiations with the UK Government.

“The election of a new Conservative leader changes all of that. It eliminates the chances of any agreed form of Brexit and it hugely increases the very real danger of a catastrophic no-deal exit from the EU. We cannot and will not stand by while that takes place.

“Faced with the damage of a hardline Tory Brexit, Welsh Labour believes that the final decision must be made by the public in a referendum. And, for the avoidance of any doubt, a Welsh Labour Government would campaign, in such a vote, for Wales to remain in the EU.

“We will work with any others who seek the same outcome.”

Last Thursday (May 24), Prime Minister Theresa May announced that she will quit as leader of the Conservatives on June 7, with it thought that a new leader could be in place by the end of July.

Many believe the party will elect a right wing leader who would be willing to propose a no deal Brexit, although there has been a majority against that option when Parliament voted on it before. Brexit policy was also key to the European Parliamentary Elections, where the Labour Party failed to attract votes, with its lead candidate Jackie Jones narrowly taking the final MEP seat in Wales.

The party claimed just 15.3% of the vote in Wales and 14.1% UK wide, with many pointing at the party’s indecision regarding its stance over Brexit as the reason for the loss of voters.

Leader of the Labour Party, Jeremy Corbyn, has been criticised by many in his party over his reluctance to openly support another referendum, as he attempted to appease both remain and leave voters with his Brexit policy. Mr Drakeford had been similarly reluctant to definitively back another referendum, but with this statement has gained the support of many in the party who wish for a second vote.

The European election results were also poor for the Conservatives, getting just 6.5% of the vote in Wales, and 9.09% across the UK. Governments often perform poorly in European elections, as the public express their disappointment with the ruling party, but this was the Conservatives’ worst ever result in a nationwide election by some way.

The party did not manage to come first in a single council area. The Brexit Party gained 32.5% of the vote in Wales, with Nathan Gill and James Wells claiming two of the country’s four MEP seats for Nigel Farage’s party. Plaid Cymru won 19.6% of the vote, with Jill Evans retaining her seat as Plaid beat Labour for the first time in a Wales-wide vote.

Andrew RT Davies, AM for South Wales Central and former leader of the Welsh Conservative Party, said: “The European Elections proved extremely difficult for the two major parties, but a second referendum is certainly not the answer. Labour promised to respect the Brexit vote, but rerunning the referendum would completely tear up this pledge.

“Regrettably, the First Minister has buckled at the first sign of discontent from his Labour colleagues who have been in denial ever since the people of Wales voted to leave the European Union back in 2016. That’s not leadership.

“People in Wales voted to leave and that should be respected and now delivered – anything else will have severe consequences for democracy as we know it in this country.”

In the 2016 referendum, Wales saw a turnout of 71.7% of its eligible voters, with 52.53% voting to leave and 47.47% voting to remain.

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