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Politics

Consent required but no veto on Brexit

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THE UK GOVERNMENT has moved to quell at least some of the concerns of devolved administrations by undertaking to consult with them about the planned Repeal Bill which is a cornerstone of the ConDup pact’s policy on Brexit.

However while consent will be sought, if it is not forthcoming there will be no veto on the UK government’s Brexit legislation.

On Monday (Jun 26) , Brexit Secretary David Davis told the House of Commons: “We expect there will be a significant increase in the decision-making power of each devolved administration once we exit the EU.

“That’s why, given that this bill affects the powers of devolved institutions and legislates in devolved areas, we will seek the consent of the devolved legislatures of the bill.”

The Repeal Bill will – amongst other things – write EU Law into UK law enabling Parliament to decide what to keep and what to reject. However, where the Repeal Bill affects areas of governmental responsibility which are devolved, by convention the Westminster Parliament consults with the devolved legislatures. But the UK Government is not bound by the devolved governments’ positions in such circumstances and the latter bodies cannot veto primary legislation from Westminster.

Last week the Constitutional and Legislative Affairs Committee of the Welsh Assembly released a statement that outlined its concerns that some presently devolved matters – for example autonomy on agriculture – could be the subject of a London-based power grab.

Part of the basis for the concerns stem from the UK Government’s approach to the Wales Act 2017; legislation the Committee concluded was over-complicated, bureaucratic and which did not address many points raised by either the Welsh Government or the National Assembly.

The Committee believes the UK Government must address the question of what is the Union for when considering Brexit legislation.

“What makes Wales’ position particularly uncertain is that the introduction of the Great Repeal Bill coincides with a changing devolution settlement that is untried and untested,” said Huw Irranca- Davies AM, Chair of the Constitutional and Legislative Affairs Committee.

“Once the reserved powers model is in force, the boundaries of our legislative competence will no longer be as we previously understood them, and it is difficult to say with confidence what the legislative competence of the National Assembly will be.

“However, based on the UK Government’s approach in relation to the Wales Act 2017, we are concerned that the National Assembly could lose powers to central control as a result of exiting the EU, particularly in policy areas that have been heavily reliant on EU law.

“Overall, the key issue that needs to be addressed by the UK Government is the creation of a legal and constitutional context that serves the devolved nations and UK following exit from the EU. That context needs to be developed in partnership with devolved nations rather than being imposed upon them.”

The Committee submitted its conclusions to both the House of Commons Procedure Committee, and the Assembly’s External Affairs and Additional Legislation Committee as part of its inquiry into the Great Repeal Bill.

Responding to the Brexit Secretary’s remarks, a Welsh Government spokesman said: “We hope this means they have been listening and taking seriously our very strongly felt concerns that this legislation must not in any way restrict the powers and competencies of the Assembly.

“As set out in our policy paper, Brexit and Devolution, leaving the EU must be about the future, not the past.

“We must work with England, Scotland and Northern Ireland – through discussion, not diktat – to map our collective future.”

Climate

Fishguard ‘battery box’ scheme near school refused

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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.

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Climate

Fears Sageston wind turbine scheme could affect bats

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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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Local Government

More than £3.5m of Pembrokeshire council housing purchased

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OFFICER success in attracting grant funding which has helped Pembrokeshire buy nearly £.5m in council housing in the last six months, has been praised by senior councillors.

A report presented by deputy leader Cllr Paul Miller at the December 1 meeting of Pembrokeshire County Council’s Cabinet gave members details of acquisitions and disposals in the first six months of the current financial year.

It included the purchase of 16 properties for council housing stock, to the tune of £3,470,000 and the disposal of two industrial estate plots at Waterloo, Pembroke Dock, at some £278,400.

Properties purchased are: 32 Southdown Close, Pembroke, at £115,000; 8 Hyfrydle, Letterston at £115,000; 6 Precelly Place, Milford Haven at £120,000; 50 Heywood Court, Tenby at £125,000; 33 Croft Avenue, Hakin at £130,000; 7 Hyfrydle, Letterston at £135,000; 18 St Clements Park, Freystrop at £140,000; 55 College Park, Neyland at £140,000; 26 Baring Gould Way, Haverfordwest at £146,000; 25 Station Road, Letterston at £170,000; 16 Woodlands Crescent, Milford Haven at £283,000; 26 & 27 Harcourt Close, Hook at £744,000; and 23, 24 And 25 Harcourt Close, Hook at £1,107,000.

Of the purchases, £1,851,000 is made up of five properties in Hook.

Members noted the report, Cabinet Member for Housing Cllr Michelle Bateman saying the grants-supported acquisitions programme was “increasing the supply of tenancies across the county”.

Leader Cllr Jon Harvey praised “wizards in attracting grant aid” officer success in accessing funding, adding the purchases would not stop the council continuing to build new properties across the county.

Back in September, Cabinet members backed a recommendation to enter into an agreement for the acquisition of up to 16 new build housing units as an off the shelf deal at Harcourt Close, Hook.

The proposal was the second social housing scheme recommended for approval by members at that meeting; councillors having earlier backed a scheme for the purchase of 21 affordable homes, along with an option for four intermediate units on land at Sandyhill, Saundersfoot.

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