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Politics

Separate Welsh legal jurisdiction ‘inevitably developing’

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THE WELSH Government’s chief legal adviser flatly denied reports a separate Welsh legal jurisdiction is off the agenda, telling the Senedd: “I said no such thing.”

Julie James, who is counsel general, said a legal jurisdiction for Wales is inevitably developing and “at some point in the future somebody’s going to have to acknowledge that it exists – but it exists whether you acknowledge it or not”.

Adam Price, Plaid Cymru’s shadow counsel general, had expressed concerns about any prospect of a separate Welsh legal jurisdiction being “kicked firmly into touch”.

Ms James gave a speech at a conference in Bangor and a Law Society Gazette report suggested she was “unequivocal” in stating separation was off the agenda.

Mr Price asked: “Do you take the opportunity now to confirm that the Welsh Government does remain, unequivocally, in favour of establishing a separate Welsh legal jurisdiction?”

Ms James replied: “It’s another good example of you shouldn’t believe what you read in the headlines. I said no such thing… A separate Welsh legal jurisdiction is inevitably developing.

“The more laws we make in this place, the more separate they become from the England jurisdiction and, regardless of whether you view it as a separate jurisdiction, a separate body of law is growing up in Wales and lawyers need to be cognisant of that.”

Mr Price echoed concerns from Baroness Carr, the lady chief justice of Wales and England, about the Welsh Government shelving plans to reform the Welsh tribunal system.

Plaid Cymru MS Adam Price
Plaid Cymru MS Adam Price

Conservative Janet Finch-Saunders questioned why it has taken more than two years after a 2023 paper described Welsh tribunals as “outdated, inflexible and lacking coherence”.

Ms James blamed a legislative logjam in the fifth and final year of the Senedd term, saying a draft tribunal will be published for consideration by the next Welsh Government.

During today’s (November 11) counsel general questions, Rhys ab Owen, who sits as an independent, raised plans to expand the Senedd from 60 to 96 members at May’s election.

Mr ab Owen said one of the main arguments to enlarge the Senedd was to have better scrutiny, improving the lives of the people of Wales.

He told the Senedd: “It’s probably fair to say that maybe that argument hasn’t cut through to the general public yet, but… the Senedd has historically passed a low number of pieces of legislation compared with other legislatures such as Scotland and Northern Ireland.”

The former barrister highlighted that 22 laws were passed in the fifth Senedd – between 2016 and 2021 – compared with 76 in Scotland and 46 in Northern Ireland.

Independent MS Rhys ab Owen
Independent MS Rhys ab Owen

He said: “In the past, that may have been explained by lack of capacity in this place but that’s not going to be the case after next year’s election.”

Ms James replied: “It’s an interesting assumption that more legislation equals good and less legislation equals bad. I don’t necessarily hold to that. I think we should make laws that are required and not laws for the sake of it… to show some kind of league table position.”

She added: “In the past, the Senedd has passed a small number of bills but they tend to be very big bills and the previous First Minister [Mark Drakeford] characterised it to me… as ‘if the bus only goes past occasionally, then everybody crams on’.”

Mr ab Owen also called for the roll-out of family drug and alcohol courts across Wales.

Ms James pointed to challenges including inconsistent service availability, geographic barriers in rural Wales as well as financial constraints “at multiple levels”.

The former solicitor told the debating chamber or Siambr: “Frankly, if we can’t solve the financial issues, then we won’t be able to solve it at all.

“Whilst the court is a very effective court, I think, and solves a number of problems from a judicial point of view – it’s entirely paid for out of the devolved service budget, so we do need to sort that out as well.”

Business

Holiday lets allowed to stay at Narberth dairy farm

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A CALL for a Pembrokeshire dairy farm to keep two “alternative” holiday pods sited without permission as a way of diversifying in an uncertain industry has been given the go-ahead.

In an application recommended for approval at the December meeting of Pembrokeshire County Council’s planning committee, Vaynor Farm Ltd sought retrospective permission for the siting of two self-catering holiday accommodation pods at The Cart House, Vaynor Farm, Bethesda, near Narberth as part of a farm diversification enterprise.

It was before committee members as it was recommended for delegated conditional approval by senior officers despite being against the development plan.

Previous retrospective schemes, for two self-catering pods along with an application to retain a shepherd hut accommodation pod at another farm, a part of the Vaynor Farm farm enterprise, were refused in 2023 and 2025, the latter due to “an unjustified and harmful impact on the character and appearance of the open countryside”.

Detailing the current application, an officer report for members said the pods: Vaynor Farm Pod within the garden of The Cart House, and The Paddock Pod, on the edge of a small paddock, were constructed off-site and have been transported to their current locations, with external decking, hot tubs, a barbecue area and car parking provided for each pod.

It added: “A business plan has been submitted with the application, which explains that due to uncertainties associated with dairy farming, the applicant has sought to diversify the farm enterprise to incorporate tourism accommodation.

“The application makes the case that the proposed development represents farm diversification. It is acknowledged that the development has resulted in the provision of an alternative type of holiday accommodation for which it has been demonstrated there is a demand, contributing to the diversity and quality of accommodation available within the county and supporting an existing farm business, with consequent economic and social benefits.

“Evidence has been provided that demonstrates the extent to which the pods have provided income which has been used to support the farm business.

“However, officers consider that should planning permission be granted, a [planning obligation] will be necessary to ensure that the accommodation pods continue to support the farm business and are not separated from it at some future point in time.”

Delegated conditional approval limiting the use and occupation of the self-catering accommodation pods to short term holiday use only was moved by Cllr Brian Hall and unanimously backed by committee members.

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Farming

Eglwyswrw bungalow farming condition dropped after 33 years

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AN AGRICULTURAL worker-only condition imposed when a Pembrokeshire bungalow was built more than 30 years ago has been removed following a request to county planners.

In an application recommended for approval at the December meeting of Pembrokeshire County Council’s planning committee, Pamela Griffiths sought permission for the removal of a previously imposed agricultural worker-only condition for bungalow Maes Yr Awel, Eglwyswrw, near Crymych.

Members heard an application for a certificate of lawfulness allowing the applicant to stay at the bungalow, there having been a breach of that condition in excess of 10 years, had been granted earlier this year, the latest application seeking to remove the condition entirely.

An application for a certificate of lawfulness allows an applicant to stay at a development if they can provide proof of occupancy over a prolonged period.

A supporting statement for the earlier certificate of lawfulness said: “The dwelling was constructed in 1992 and has been occupied in breach of the occupancy restriction since February 2014, on the death of the applicant’s mother.”

It added: “The dwelling was substantially complete in 1992 and first occupied 28th January 1992. Mr EC and Mrs ME Griffiths were farmers and were the original occupiers of the property, together with their daughter, Ms P Griffiths, the applicant.

“There is no dispute that the condition was originally complied with by the applicants’ mother and father, but on the death of the applicants’ parents the applicant became the sole resident and has not been solely or mainly employed in agriculture at any time.”

A report for committee members said the removal of the condition was now recommended as the site benefitted from the lawfulness certificate and the agricultural condition remaining was “no longer considered reasonable”.

Approval was moved by Cllr Brian Hall and unanimously supported by committee members.

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Farming

‘Poor decision’ New Creamston housing condition overturned

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A “POOR DECISION” agricultural worker-only imposed nearly 40 years ago has been removed from a Pembrokeshire property by county planners.

In an application recommended to be approved at the December meeting of Pembrokeshire County council’s planning committee, Tim and Cathy Arthur sought permission for the removal of an agricultural worker-only condition at New Creamson, Creamston Road, near Haverfordwest.

An officer report for members said the agricultural condition was imposed when the dwelling was built in 1988/89, with a later certificate of lawful development granted this year after it was proven the site had been occupied for more than 10 years on breach of that condition.

An application for a certificate of lawfulness allows an applicant to stay at a development if they can provide proof of occupancy over a prolonged period.

Speaking at the meeting, agent Andrew Vaughan-Harries of Hayston Developments & Planning Ltd told members the original agriculture-only condition was a poor decision by planners back nearly four decades ago.

“When this application was made in 1988-89 we go back to the Preseli District Council – I was still in school – it was only a 50-acre farm, it should never have been approved as it shouldn’t have been viable.

“The current applicants have owned it for the last 20 years; they’ve tried to grow apples but couldn’t make a go of it and then went in to holiday lets. We can’t enforce redundant conditions from bad decisions made years ago.”

Approval was moved by Cllr Brian Hall and unanimously supported by committee members.

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