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Residents furious at wind turbine ruling

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turbine rulingA JUDICIAL REVIEW challenge against a decision by Pembrokeshire County Council’s planning committee to grant permission for two wind turbines to be built at Princes Gate has been lost by campaigners.

Objectors mounted the legal challenge last year on two grounds.

They claimed that the officer’s report to the committee was flawed as it did not find the proposal contrary to the Local Development Plan. They also claimed that the Environmental Impact Assessment Screening Opinion was defective.

However, at the High Court in Cardiff last week, Judge Hickinbottom backed the Council’s handling of the application. Dismissing the first ground Judge Hickinbottom noted that in assessing the potential impact on the historic environment, the Committee report had been prepared with “patent care” and that it weighed and balanced the competing policies within the Plan.

He also dismissed the second ground.

In refusing the claim, the Judge made an order of costs in favour of the Council and refused the claimants leave to appeal. Princes Gate Spring Water applied for permission to build two 800kw wind turbines at Middleton Top near Ludchurch.

The Planning Committee agreed to the development in May last year on the basis that the benefits in terms of the contribution to the generation of renewable energy outweighed any adverse impacts. Local residents now say they are devastated to lose their long and costly battle. They say that homes only 400m from the site will have direct views of the turbines from their living rooms, bedrooms and amenity areas.

One campaigner told The Herald: “Residents” amenity is so severely compromised that at least one house will have wind turbines from this and other sites in view from every window and every aspect of the house and garden.”

“The turbines will dominate residents’ lives. Residents had previously supported Princes Gate Spring Water and their investment in renewable energy and requested that they locate their turbines on ground they own, adjacent to their water bottling plant.”

“The only response from the planners was to pretend that residents wanted the turbines in the factory car park.”

Dave and Isabel Scourfield, of the Belle Vue Equestrian Centre, say they are devastated. They have already seen their specialist equestrian insurance withdrawn when the insurers saw how close the turbines would be to their horses. They have tried to habituate their highly strung competition horses to wind turbines but failed, leaving their horses disturbed and frightened and their riders in danger. Horses from this small centre have previously enjoyed national and international success. As the turbines will overlook their entire holding, and are located only 200m from fields in which they break in and train them, their business is now in jeopardy.

Local campaigner Mary Sinclair said: “The developers themselves highlighted the extent of the shadow impact from the blades on Belle Vue fields and explained the special problems that moving shadows on the ground cause to horses. Yet the Planning Authority has set no condition to protect the Centre, nor was any background noise monitoring undertaken there, nor at any other home directly affected by the development.”

She added: “Councillor Tony Brinsden, when addressing the planning committee told councillors bluntly, before the Council’s Legal Officer ordered him to stop, that he ‘did not think it was the job of Pembrokeshire County Council planning department to wipe out people’s businesses’. But apparently, if in doing so it promotes someone else’s business, it is.”

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News

Welsh Government outlines new rights for homeowners facing estate management charges

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HOMEOWNERS living on privately managed estates in Wales are set to gain new legal protections under changes being introduced as part of the Leasehold and Freehold Reform Act 2024, the Welsh Government has said.

In a written statement published on Thursday (Dec 18), the Cabinet Secretary for Housing and Local Government, Jayne Bryant MS, provided an update on how the legislation will be implemented in Wales, with a particular focus on estate management charges paid by freehold homeowners.

Until now, homeowners on privately managed estates have often faced unclear or high bills for maintenance and services, with limited ability to obtain information or challenge costs. Once fully implemented, Part 5 of the Act is intended to address those concerns.

New powers for homeowners

Under the reforms, homeowners will be given the right to challenge the reasonableness of estate management charges for the first time. Estate managers will also be required to provide clearer information about the services being paid for through those charges.

In cases where estate management has failed, homeowners will be able to apply to a tribunal for a substitute manager to be appointed. The Act will also require estate managers to publish details of any administration charges in advance, where payment is expected.

Jayne Bryant said the changes would bring “significant new rights and protections” for homeowners affected by estate management fees.

Welsh and UK consultations

Responsibility for introducing the necessary secondary legislation is shared between the Welsh and UK Governments. While many of the powers rest with UK Ministers, Welsh Ministers are responsible for rules relating to the publication of administration charges in Wales.

The Welsh Government has confirmed it is working alongside UK counterparts to ensure both consultations are launched at the same time, allowing homeowners and stakeholders to consider the full set of proposals together.

Homeowners are being encouraged to respond to both the Welsh Government consultation on administration charges and the UK Government consultation on the wider estate management regime.

The consultations are now open and form part of the process to bring the new protections into force.

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News

Flood warnings issued across Wales as heavy rain raises river levels

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FLOOD warnings and alerts have been issued across large parts of Wales as persistent heavy rain causes river levels to rise, with parts of the country facing an increased risk of flooding on Thursday (Dec 18).

Natural Resources Wales (NRW) has confirmed that four flood warnings are currently in place, meaning immediate action is required, while a further 16 flood alerts have been issued where flooding is possible.

A yellow weather warning for rain has been issued by the Met Office, covering much of Wales from 10:00am on Thursday until 7:00pm, with disruption expected in some areas.

NRW said the warnings follow prolonged wet weather, with further heavy rainfall forecast to move across the country during the day.

The Met Office said: “An area of heavy rain will move northeast across the warning area during Thursday morning and afternoon before clearing to the east through the evening.

“Given recent very wet weather, there is potential for some disruption to travel and possible flooding.

“Much of the warning area will see 15–25mm of rain but some places could see 40–50mm, with the highest totals falling over high ground of south Wales.”

Forecasters have also warned that strong winds could worsen conditions, particularly along the coast.

“There is a chance of 60–70mph gusts along the exposed south coast, and perhaps 40–50mph some way inland,” the Met Office added.

Flood warnings in force

NRW has confirmed flood warnings are currently active at the following locations:

  • River Towy at Carmarthen Quay, Carmarthen
  • River Ritec at Tenby
  • River Towy affecting isolated properties between Llandeilo and Abergwili
  • River Rhyd Hir at Riverside Terrace, Pwllheli

Residents in these areas are being urged to take immediate action to protect property and personal safety.

Flood alerts issued

In addition, flood alerts — meaning flooding is possible — have been issued for the Lower Severn catchment in Powys, along with other areas shown on NRW’s live flood monitoring maps.

NRW is advising people to remain vigilant, avoid flooded roads and footpaths, and keep up to date with the latest forecasts and warnings.

The Herald understands that river levels will continue to be closely monitored throughout the day as rainfall moves through Wales.

Members of the public can check the latest flood warnings and alerts on the Natural Resources Wales website or by signing up for flood alerts direct to their phone.

Flood alerts and warnings across Wales on Thursday (Pic: NRW).

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Crime

Jury discharged after failing to reach verdict in historic abuse trial

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CPS have a week do decide if they wish to pursue a re-trial, judge confirms

THE JURY has been discharged in the trial of a Milford Haven man accused of historic child sex offences after telling the court it was unable to reach a verdict, even by majority.

Thomas Kirk, aged 50, of Meyler Crescent, Milford Haven, is charged with the oral rape and sexual assault of a child, with the offences alleged to have taken place in Pembrokeshire between 2007 and 2009, when the complainant was aged between thirteen and fifteen. He denies the charges.

On Thursday (Dec 18), the jury returned to Swansea Crown Court and was asked whether it had reached a verdict on either count upon which at least ten jurors were agreed.

The foreman replied: “No.”

Judge Paul Thomas KC then asked whether there was any realistic likelihood that further deliberations would lead to a verdict being reached.

The foreman replied: “No, your honour.”

Judge Thomas KC said that in those circumstances he would discharge the jury and give the prosecution seven days to decide whether it would seek a retrial.

Addressing the jurors, the judge said they should not think they had failed or let anyone down.

“These things happen,” he said. “It’s one of the strengths of the jury system that people hold different views.”

He thanked the jury for their service and wished them a Merry Christmas and Happy New Year.

The court heard that the prosecution will now consider its position, with a further hearing expected next week to determine whether a retrial will take place.

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