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‘Fundamental flaws’ cost Welsh taxpayers

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Welsh TaxpayersFUNDAMENTAL flaws in the way the Regeneration Investment Fund for Wales (RIFW) was managed, overseen, and advised, cost Welsh taxpayers tens of millions of pounds, according to a National Assembly for Wales committee.

RIFW was set up as an arms-length body by the Welsh Government to sell off land around Wales including in north Wales, Monmouthshire and Cardiff and use the money, in conjunction with European funding, to reinvest in areas in need of regeneration.

But the Public Accounts Committee found that the body was poorly managed, poorly overseen by government, and that, because of a change in the direction of RIFW, from one of regeneration to property asset disposals, some of the Board members felt they lacked the necessary knowledge and expertise to fulfill their roles.

It also learned that the Board was not presented with key information regarding the value of the land in its portfolio, or of expressions of interest from potential buyers. Fifteen plots of land, originally supposed to be sold separately, were instead sold as a single portfolio at a price which did not take into account potential use of the land in the future. This decision resulted in Welsh taxpayers missing out on tens of millions of pounds of funding. The Committee learned that one of the organisations charged with offering expert advice to the Board, Lambert Smith Hampton Ltd, had previously acted on behalf of a director of the buyer of the land, South Wales Land Developments Ltd (SWLD), and signed an agreement to do so again one day after the sales went through.

The Committee concluded that the RIFW Board had been poorly served by its own expert advisors.

Members also agreed that, in light of South Wales Land Developments Ltd onward sales, the Welsh Government’s contention that it is not possible to demonstrate that the sale was under value, is unconvincing, pointing to the following as evidence (overage is an agreed sum of money to claw-back in addition to the sale price if the buyer meets certain conditions):

  • The Rhoose site was purchased from RIFW for less than £3 m, without overage, and sold on by SWLD for nearly £10.5 m;
  • The Abergele site was purchased from RIFW for £0.1 m, without overage, and sold for £1.9m.
  • Lisvane, near Cardiff, was / is the ‘jewel in the crown’ and should have been disposed of via a properly marketed open and competitive sale process. The Committee believed it incomprehensible that this was sold to SWLD at an agricultural land value of £1.835 million (even with overage) when its potential open market value for residential housing is at least £39 million.

“The Public Accounts Committee’s inquiry into the Regeneration Investment Fund for Wales (RIFW) has been one of the most significant and deeply troubling inquiries undertaken by the Committee,” said Darren Millar AM, Chair of the Public Accounts Committee.

“The fact that one of the largest sales of publicly owned land in Wales should have generated tens of millions of pounds more for the taxpayer than it did, is inexcusable.

“While the Committee found the concept of RIFW to be innovative, we concluded that it was poorly executed due to fundamental flaws in Welsh Government oversight and governance arrangements, and that the Fund was poorly served from those appointed and trusted to provide the Board with professional advice and expertise.

“It is regrettable that many of the flaws we identified are consistent with issues this Committee has considered during previous inquiries.”

The Committee makes 18 recommendations in its report including:

  • The Welsh Government must strengthen monitoring and oversight arrangements of its arms-length bodies and, in particular, ensure that any concerns are swiftly identified and escalated internally;
  • That measures are put in place to ensure that Board Members have the appropriate expertise and capacity to fulfil their duties and receive adequate and appropriate induction training, and;
  • The Welsh Government should ensure that robust overage arrangements are considered whenever it disposes of public assets that possess future development potential.

The Regeneration Investment Fund for Wales (RIFW) was established in December 2009 in response to the constrained financial climate which restricted access to capital for investment in regeneration in Wales. RIFW was created as a Limited Liability Partnership (LLP) wholly-owned by the Welsh Government. RIFW’s purpose was to invest £55 m initially in urban regeneration schemes across Wales, comprising £25 million of European Regional Development Fund (ERDF) and £30 m of Welsh Government funding. The Welsh Government provided RIFW with £9.4 m cash, and a portfolio of 18 land and property assets valued in existing use at £20.5 m , based on a valuation commissioned by the Welsh Government.

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News

Community asked for views on allocation of new St Davids homes

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THE FIRST phase of Pembrokeshire County Council’s Glasfryn housing development in St Davids is progressing well with the second phase also underway.

The development being built by GRD Homes Ltd, began in November 2023, with a first phase completion date of Winter 2024 looking hopeful, ahead of the scheduled plans.

The first phase consists of seven properties, including a mixture of one and two bedroom bungalows

As completion draws closer the properties will be advertised via Pembrokeshire Choice Homes.

Ahead of this, the Council’s housing team will be holding community engagement on the 13th August 2024 at the Ty’r Pererin Centres, Quickwell Hill, St Davids, SA62 6PD, 5pm-7pm.

This will be a chance for officers to liaise with the local community about the allocation process for these properties.

Glasfryn’s second phase is well underway, with the initial groundwork already completed. This phase includes a further 11 two bedroom bungalows, with a completion date in late 2025.

These bungalows will meet the latest Welsh Government’s Development Quality Requirement, and will be energy efficient, built to EPC A specification and include solar panels to help tenants with running costs.

The Glasfryn development is funded in partnership with Welsh Government.

Cabinet Member for Housing Cllr Michelle Bateman said: “We are really keen to work with the community on a local lettings policy for these new properties, as we have done for our developments in other parts of the County.”

If you have any queries please email the Customer Liaison Team on [email protected], phone them on 01437 764551, or visit Housing’s Facebook page.

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Business

Legal call to stop £6m expansion of holiday park still ongoing

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A LEGAL request to overturn a Pembrokeshire County Council-granted approval for a £6m expansion of a south Pembrokeshire holiday park is still ongoing despite a previous announcement it had been turned down, county planners heard.

Back in February, Pembrokeshire planners were informed a legal challenge to a November 2023-granted application for works at Heritage Park, Pleasant Valley/Stepaside had been launched.

The holiday park scheme had previously been backed twice by county planners after a ‘minded to approve’ cooling-off period was invoked as it was against repeated officer recommendations to refuse.

The controversial scheme by Heritage Leisure Development (Wales) Ltd includes the installation of 48 bases for holiday lodges, a spa facility at a former pub, holiday apartments, a café and cycle hire, equestrian stables, a manège and associated office, and associated works.

It is said the scheme, next to the historic remains of the 19th century Stepaside ironworks and colliery, will create 44 jobs.

Officer grounds for refusal, based on the Local Development Plan, included the site being outside a settlement area.

Along with 245 objections to the current scheme, Stepaside & Pleasant Valley Residents’ Group (SPVRG Ltd) – formed to object to an earlier 2019 application which was later withdrawn – also raised a 38-page objection, with a long list of concerns.

A failed legal challenge to try and overturn a council decision to approve three separate planning applications at Heritage Park was launched in 2021 by SPVRG Ltd, which failed in early 2022; the council awarded costs of £10,000 despite external legal fees paid totalled £34,000 plus VAT.

At the June meeting of Pembrokeshire County Council’s planning committee members were told the recent judicial review call by SPVRG Ltd had been refused by the high court, the grounds put forward “not considered to be reasonably arguable”.

Committee chair Cllr Simon Hancock said a council request for SPVRG Ltd to pay costs incurred by the county council in defending the claim had now been submitted.

Following that, at the July planning meeting, in his chair’s announcement, Dr Hancock gave a clarification on the position.

“I can advise that whilst the application for judicial review was refused by the High Court Judge on May 31, 2024, the appellants have challenged this decision.

“This matter is listed for a renewal hearing, and accordingly the legal challenge is still in progress; I’m hoping that’s a clarification from the announcements I made back in June.”

Responding to the clarification, Trish Cormack of SPVRG Ltd pointed out it was not “an appeal,” adding: “Firstly, we are ‘requesting the decision to be reconsidered at a hearing,’ which is a bit less dramatic than ‘challenging the decision’.

“Secondly, the claim remains open for seven days after the decision on the papers in expectance of you requesting the hearing, and the form 86B comes attached to the decision with the case number already filled in for you. This is just part of the process for a judicial review. If the Judge really thought there were no merits to the case, he was free to issue a ‘without merits refusal’.

“That would have ended the claim there and then. The only way to resurrect it would have been to take it to the appeal court. But he didn’t.

“Thirdly, the announcement makes it sound like our ‘challenge’ had happened after their previous announcement, whereas in fact we only had seven days from May 31 in which to make the request, so they knew the moment we did (June 7) because we had to simultaneously email it to the court, PCC and the developer’s agent. So, they knew full well that there would be a renewal hearing.”

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Farming

Farm building scheme near Lawrenny given go-ahead by planners

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AN APPLICATION for a storage building at a south Pembrokeshire farm, made by a family member of an officer on Pembrokeshire County Council’s planning service, has been given the go-ahead by the authority’s planning committee.

In an application recommended for approval at the July 23 meeting of the authority’s planning committee, Laura Elliot sought permission for the erection of an agricultural storage building at Tedion Farm, a dairy farm near Lawrenny.

The application had been brought to committee, rather than being delegated to planning officers, due to the family connection.

The farm, near to the Pembrokeshire coast National Park border, comprises 270 milking cows and dairy heifer replacements kept on the farm comprising land over 138 hectares. The farm is mainly down to grass and the cows are paddock grazed in order to utilise grass efficiency.

No objections had been received from local community council Martletwy.

A report for members said: “The application seeks consent for the erection of agricultural storage building. The erection of an agricultural building will be used to store stay, hay and farm machinery.  

“The building would be located within the existing farm complex, to the north-east of the site, adjacent to the main farm dwelling. The building will measure 18 metres in length by 13.6 metres in width, with a pitched roof height of 5.71 metres.”

Approval was moved by Cllr Alistair Cameron, seconded by Cllr Brian Hall.

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