Politics
Draft Wales Bill debated in Senedd

Clarity and coherence
needed: Andrew RT Davies
CROSS PARTY concerns about the draft Wales Bill were expressed during a debate at the Senedd on Tuesday (Nov 3).
Carwyn Jones, who has previously described the draft Bill as giving ‘great cause for concern,’ said that the proposals went ‘straight to the heart’ of what the Assembly does, and can do in years to come.
Mr Jones said that he had recently had a ‘constructive’ meeting with the Secretary of State for Wales, who had been ‘better appraised’ regarding the difficulties of the bill in it’s current form.
“At the heart of the difficulties with the bill is the failure to create a separate jurisdiction,” he added, pointing out that the Lord Chief Justice had said that separate Welsh jurisdiction was possible without a separate judicial system.
Among the issues that Mr Jones said his party had with the draft Bill was the division between what is and isn’t devolved. Using Milford Haven as an example, he pointed out that devolving port control according to turnover ‘acted as a disincentive’ to the Welsh Government, because investing to improve ports could see control over them returned to the UK Government.
Another example given was that of open-cast mining, which is legislated by Whitehall, while land restoration falls under the Welsh Government’s remit.
Mr Jones also criticized the Minister of the Crown Consents over Welsh laws, which he described as a ‘relic.’ He claimed that as a result, the Welsh Government would no longer have recourse to the Supreme Court, and that the Welsh Government would be unable to modify any function of reserved authority, or any UK government function, even if it were devolved.
Andrew RT Davies also said that he had concerns over the draft Bill, although he described it as largely positive. Mr Davies said that it was ‘vital’ for the Assembly to work cross-party to make the Bill clearer and deliver what was requested by every county in Wales in the 2011 referendum.
He pointed out that there was a ‘lot of good’ in the draft Bill, including legislation powers over energy and ports as well as increased devolution of local government and Assembly elections. “Instead of focusing on the negative, we should concentrate on the positive,” he added.
“I, along with my colleagues on this side, do have issues and concerns around the consenting process, because ultimately, what we don’t want to do is move backwards.
“What we want is clarity and coherence in the settlement. It will serve no one if all we end up doing is muddying the waters.”
In response to Plaid Cymru AM Simon Thomas asking whether this meant he was willing to reconsider his opposition to a separate Welsh jurisdiction, Mr Davies said that he had always been open minded about this, but might need to be persuaded that the timing was currently right. However, he added, it may help improve the clarity of the Bill.
Leanne Wood said that a reserved powers settlement without separate jurisdiction was ‘complex and restrictive,’ and that there seemed to be cross-party agreement on this point.
The Plaid Cymru leader criticized the Secretary of State for Wales for blaming Westminster opposition parties, Plaid Cymru, and ‘Welsh Nationalist academic and lawyers’ for opposition to the draft Bill, without taking any responsibility himself.
She added that Labour’s position was ‘problematic’ due to some Welsh MPs agreeing that certain powers should not be devolved.
The leader of the Liberal Democrats, Kirsty Williams said: “The status quo of Welsh devolution cannot stand. The fact our laws regularly end up in the Supreme Court is evidence enough that the current system is not fit for purpose.
“Devolution must work properly and efficiently for the people of Wales. Yet, the draft Wales Bill risks taking us back to a situation where the National Assembly will have its actions thwarted by Westminster. That clearly is not acceptable.
“Without the Liberal Democrats in government, I fear the momentum on this issue could be lost. We can’t allow that to happen. The Tories are, I hope, slowly waking up the fact that this bill is a long way off being ready. My Welsh Liberal Democrat colleagues in Westminster will be leading on amending the bill to ensure that there is clarity regarding the division of responsibilities between Wales and Westminster.
“It’s disappointing that, during the St David’s Day process, the Tories and Labour once again blocked progress on devolving policing and youth justice. The Welsh Liberal Democrats will continue to fight to ensure that decision making is brought closer to local people.”
Business
Cwm Deri Vineyard Martletwy holiday lets plans deferred
CALLS to convert a former vineyard restaurant in rural Pembrokeshire which had been recommended for refusal has been given a breathing space by planners.
In an application recommended for refusal at the December meeting of Pembrokeshire County Council’s planning committee, Barry Cadogan sought permission for a farm diversification and expansion of an existing holiday operation through the conversion of the redundant former Cwm Deri vineyard production base and restaurant to three holiday lets at Oaklea, Martletwy.
It was recommended for refusal on the grounds of the open countryside location being contrary to planning policy and there was no evidence submitted that the application would not increase foul flows and that nutrient neutrality in the Pembrokeshire Marine SAC would be achieved within this catchment.
An officer report said that, while the scheme was suggested as a form of farm diversification, no detail had been provided in the form of a business case.
Speaking at the meeting, agent Andrew Vaughan-Harries of Hayston Developments & Planning Ltd, after the committee had enjoyed a seasonal break for mince pies, said of the recommendation for refusal: “I’m a bit grumpy over this one; the client has done everything right, he has talked with the authority and it’s not in retrospect but has had a negative report from your officers.”

He said the former Cwm Deri vineyard had been a very successful business, with a shop and a restaurant catering for ‘100 covers’ before it closed two three years ago when the original owner relocated to Carmarthenshire.
He said Mr Cadogan then bought the site, farming over 36 acres and running a small campsite of 20 spaces, but didn’t wish to run a café or a wine shop; arguing the “beautiful kitchen” and facilities would easily convert to holiday let use.
He said a “common sense approach” showed a septic tank that could cope with a restaurant of “100 covers” could cope with three holiday lets, describing the nitrates issue as “a red herring”.
He suggested a deferral for further information to be provided by the applicant, adding: “This is a big, missed opportunity if we just kick this out today, there’s a building sitting there not creating any jobs.”
On the ‘open countryside’ argument, he said that while many viewed Martletwy as “a little bit in the sticks” there was already permission for the campsite, and the restaurant, and the Bluestone holiday park and the Wild Lakes water park were roughly a mile or so away.
He said converting the former restaurant would “be an asset to bring it over to tourism,” adding: “We don’t all want to stay in Tenby or the Ty Hotel in Milford Haven.”
While Cllr Nick Neuman felt the nutrients issue could be overcome, Cllr Michael Williams warned the application was “clearly outside policy,” recommending it be refused.
A counter-proposal, by Cllr Tony Wilcox, called for a site visit before any decision was made, the application returning to a future committee; members voting seven to three in favour of that.
Climate
Fishguard ‘battery box’ scheme near school refused
PLANNERS have refused a Pembrokeshire ‘battery box’ electricity storage unit near a Pembrokeshire town school, which has seen local objections including fears of a potential risk to nearby school children.
In an application recommended for approval at the December meeting of Pembrokeshire County Council’s planning committee, AMP Clean Energy sought permission for a micro energy storage project on land at Fishguard Leisure Centre Car Park, near Ysgol Bro Gwaun.
The application had previously been recommended for approval at the November meeting, but a decision was deferred pending a site visit.
The scheme is one of a number of similar applications by AMP, either registered or approved under delegated planning powers by officers.
The battery boxes import electricity from the local electricity network when demand for electricity is low or when there are high levels of renewable energy available, exporting it back during periods of high demand to help address grid reliability issues; each giving the potential to power 200 homes for four hours.
The Fishguard scheme, which has seen objections from the town council and members of the public, was before committee at the request of the local member, Cllr Pat Davies.
Fishguard and Goodwick Town Council objected to the proposal on grounds including visual impact, and the location being near the school.
An officer report said the scheme would be well screened by a Paladin Fence, with a need to be sited close to an existing substation.
Speaking at the December meeting, Ben Wallace of AMP Clean Energy conceded the boxes were “not things of beauty” before addressing previously raised concerns of any potential fire risk, saying that “in the incredibly unlikely” event of a fire, the system would contain it for up to two hours, giving “plenty of time” for it to be extinguished, an alarm immediately sounding, with the fire service raising no concerns.
“These are fundamentally safe, the technology is not new,” he said, comparing them to such batteries in phones and laptops.
One of the three objectors at the meeting raised concerns of the proximity to homes and the school, describing it as “an unsafe, unsustainable and unnecessary location,” with Cllr Jim Morgan of Fishguard Town Council, who had previously raised concerns of the “nightmare scenario” of a fire as children were leaving the school, also voicing similar issues.
Local county councillor Pat Davies, who had spoken at the previous meeting stressing she was not against the technology, just the location and the potential risk to pupils, said the siting would be “a visual intrusion,” with the school having many concerns about the scheme, adding it had been “brought forward without any dialogue of consultation with the school”.
Cllr Davies added: “It is unacceptable that a micro-storage unit should be proposed in this area; someone somewhere has got it wrong.”
Following a lengthy debate, committee chair Cllr Mark Carter proposed going against officers in refusing the scheme; members unanimously refusing the application.
Climate
Fears Sageston wind turbine scheme could affect bats
AN APPLICATION for a wind turbine nearly 250 foot high on the road to Tenby, recommended to be turned down due to a lack of information on how it could affect bats, has been put on hold.
In an application recommended for refusal at the December meeting of Pembrokeshire County Council’s planning committee, Constantine Wind Energy Ltd sought permission for a 76-metre-high wind turbine at Summerton Farm, Sageston.
Back in 2024, an application to replace a current 60.5m high turbine on the site with one up to 90 metres, or just under 300 foot, at the site was refused on the grounds its height and scale would have a detrimental impact on the visual amenity of the locality, with the additional clause of failing to comply with supplementary guidance.
A report for committee members on the latest application says the smaller turbine than previously proposed, representing a 16-metre increase in height from a previously granted turbine “would not be sufficient for it to become an overbearing feature in the landscape,” with no objections from either the Council Landscape Officer or Natural Resources Wales.
However, concerns were raised by the council ecologist that the applicant’s Preliminary Ecological Appraisal Report was incomplete.
“The Council Ecologist questions why the response received in relation to myotis bat records were not included within the initial PEA. As such, he considers that the PEA does not present enough information on the possible presence of bats within the application site area.
“Whilst there may be negligible foraging and commuting potential, there are records of foraging on grassland within two kilometres which have positive identification of myotis bat foraging, along with greater and lesser horseshoe bat foraging. He also notes that the application site is in close proximity to a wooded area.”
It was recommended for refusal on the grounds that appraisal report, and technical note, “do not adequately address the impact of the proposed wind turbine on bat activity in the area”.
At the committee meeting, members heard the scheme had been temporarily withdrawn to deal with issues raised, the application expected to return to a future meeting.
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