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.”
Community
Fishguard natural burial site plans refused by planners

A CALL to extend a Pembrokeshire cemetery to provide a space for eco-friendly natural burials has been refused by county planners.
A natural burial is an eco-friendly alternative to traditional burial, burying a body in the ground without a coffin or headstone.
In an application to Pembrokeshire County Council, the Trustees of Tabernacle Chapel sought permission for a change of use of agricultural land to extend the existing Tabernacle Cemetery, Fishguard to include a natural burial site.
A supporting statement, through agent Gethin Beynon, said the land has been in the cemetery ownership since 1945, adding: “Based on the development forming a similar use to the adjacent cemetery and being in the same ownership as the Trustees of Tabernacle Chapel, the proposal would be classed as an extension to an existing community facility.
“As the development is not proposing any engineering or physical features with the natural habitat being retained, it is considered the change of use of the land would be in keeping in an area where other cemeteries exist to the north, east and west of the application site.”
It added: “With regard to the operation of the burial ground, when a burial takes place, a plot is allocated, and the turf cut and set aside. The topsoil and subsoil are then heaped alongside the grave. The graves would be dug to the appropriate depth to earth over the coffin to protect it whilst allowing the body to recycle in the active/living layer of the soil.
“After a burial, soil is returned in compacted layers around and on top of the coffin, with topsoil and turf on top. Grave locations are plotted and recorded on plan. It is intended that such administration and management duties of the site would be undertaken by the applicants.
“Due to the development not resulting in marked graves and there being no maintenance requirements from mourners, visits and any associated vehicle movements would be of a low intensity and infrequent.”
The application was supported by Fishguard and Goodwick Town Council, subject to satisfactory outcomes of an archaeological survey in relation to nearby Castell Mwrtach, an Iron Age defended enclosure and possible associated earthworks, along with discussions with the south Wales Trunk Road Agency.
An officer report, recommending refusal, said Natural Resources Wales (NRW) had raised concerns “that cemeteries have the potential to cause pollution to controlled waters, with the level of risk dependent on many factors and to fully assess potential impact of each site an initial Tier 1 assessment which shall define potential pathways and receptors in proximity of the site,” adding: “No such risk assessment has been submitted in support of this application resulting in a development that does not adequately confirm the level of risk to controlled waters the development poses.”
Archaeological advisors Heneb has said a geophysics survey of the site is needed to determine any effect on adjacent to Castell Mwrtach.
“As a geophysics survey has not been submitted in support of the application, it cannot be demonstrated that the development would have an acceptable impact on the historic environment in conflict [with policy].”
The scheme was refused by planning officers on the grounds of the concerns raised.
News
Renovation of historic Tenby hotel given the green light

WORKS to a prominent listed Pembrokeshire hotel have been given the go-ahead by national park planners.
In an application to Pembrokeshire Coast National Park, Simon Fry, through agent Asbri Planning, sought listed building consent for works to the Grade-II-listed 1-2 Royal Lion Hotel, High Street, Tenby, said to be one of the oldest hotels in the town.
The works included replacement windows, replace window with original door opening, works to existing parapet, blocking up of windows, render front elevation, blocking up of existing windows, retain existing signage, remove and rebuild existing chimney stack and other minor ancillary works.
The proposals were supported by Tenby Civic Society: “We welcome the scheme, being done very much in character with the original and will complete a very welcome refurb enhancing this prominent point in the town”
It had requested some “minor corrections,” including “retaining the ‘stage door’ stained glass window on the rear door onto Upper Frog Street”.
Tenby Town Council also supported the scheme, saying it was “a much-desired enhancement of a Grade-II-listed building within the Conservation Area”.
A supporting statement for the application said: “In terms of the replacements and overall works these would be of sympathetic materials appropriate to its setting, ensuring the existing character of the building is preserved. The intention is to replace on a like-for-like basis where possible, although the new replacements will be double glazed.”
It added: “The works are necessitated following the previous structural survey undertaken on the two ground floor bays which revealed they are in poor condition and are in need of reinstatement as soon as possible in the interests of the integrity of the listed building and for public safety.
“The replacement of the other bay structures and windows on the front and northern side elevations were also necessitated given their deterioration over time which has led to an adverse visual impact on the listed building and surrounding area.
“Given the previous state of the bays and windows, the works that have been recently undertaken are a significant betterment to the existing situation, and the works the subject of this application would further enhance the quality of the listed building, avoiding further dilapidation.”
Last year, an Urgent Works Notice was served for works on the hotel by Pembrokeshire Coast National Park Authority, with an application for those works later granted.
The latest application added: “The building in question is of great significance to the town of Tenby and its Conservation Area. It stands as one of the oldest hotels in Tenby and as identified above, holds great historic and heritage merit.”
News
Herons Reef Residential Home redevelopment approved

A CALL to change a Pembrokeshire estuarial beauty spot village care home to a residential property has been approved by the national park.
In an application to Pembrokeshire Coast National Park, Leicestershire-based Mr c Cunningham sought permission for a change of use of Herons Reef Residential Home, Llangwm Ferry, Guildford Row, Llangwm, near Haverfordwest.
Previous applications have been made at the site for a change of use, with a 2019 scheme refused, and a 2018 scheme withdrawn.
Other applications for a single storey cabin-style building with decking area and an extension were also refused in 2011 and 2009 respectively.
An officer report, recommending approval of the current application, said: “No external changes are proposed to the building; however, it should be noted that stone cladding has been applied to the front elevation of the property within the last four years.
“Permission would have been required for this since, at the time of writing, the property is still within use class C2 [residential home] for which no permitted development rights exist. This will be dealt with separately to the current submission.
“There are no over-riding concerns in relation to the proposed change of use in relation to visual or residential amenity, and there are no concerns in relation to the parking arrangements, access or local Highway Network.
“The proposed green infrastructure and biodiversity enhancements are deemed to be acceptable as it is proposed to plant six new trees within the rear garden area, and this is deemed to be proportionate to the proposed development, since no losses are to occur to facilitate development.
“Overall, the proposal is considered to be acceptable, and a recommendation to grant permission, subject to conditions, is made.”
The application, which includes a Section 106 legal agreement for the payment of a contribution towards affordable housing, was conditionally approved by park planners.
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