Politics
WG consults on new planning process
THE WELSH GOVERNMENT has published proposals to change the way major infrastructure projects are consented.
A new approach is needed because more consenting powers are due to be devolved on April 1, 2019. The Welsh Government is also taking the opportunity to combine a number of existing processes into a single streamlined “one-stop shop” consenting process.
Two stages are being proposed:
- An interim solution requiring changes to existing processes; and
- A long-term solution requiring primary legislation to establish an entirely new form of consent.
The proposals only apply to areas where consenting is devolved.
So for example, in future, projects like the proposed M4 relief road around Newport and the 200 Megawatt (MW) Swansea Bay tidal lagoon would need to be consented through the new process, whereas the 2,700MW Wylfa Newydd nuclear power station would not, because consenting for generating stations with a capacity of over 350MW would remain with the UK Government.
CURRENT SITUATION
Wales currently has three tiers of consenting processes for most infrastructure projects (there are some exceptions):
Smaller projects are decided by local planning authorities;
Larger projects, where consenting is devolved, are decided by the Welsh Government through the Developments of National Significance (DNS) process; and
Larger projects, where consenting is not devolved, are decided by the UK Government through the Nationally Significant Infrastructure Projects (NSIP) process.
Consents by local planning authorities and the Welsh Government are given under the Town and Country Planning Act 1990 (TCPA) – this is often known as planning permission.
NSIPs require a different kind of consent called a Development Consent Order (DCO), which is given under the Planning Act 2008. DCOs can include consents on a range of associated matters – these are often called secondary consents.
NEW POWERS
The Wales Act 2017 devolves further consenting powers which are due to come into force on 1 April 2019:
Energy generating stations with a capacity of up to and including 350MW onshore and in Welsh waters (which is an inshore area out to approximately 12 nautical miles from Welsh shores). This doesn’t include onshore wind which is already devolved with no upper limit; and
Overhead electric lines of up to and including 132 Kilovolts (KV) that are associated with a devolved energy generating project.
In addition, the Wales Act has already devolved consenting for Harbour Revision and Empowerment Orders, which are made under the Harbours Act 1964, for most Welsh ports. These new powers came into force on April 1.
WHY A NEW PROCESS IS NEEDED
The way in which the Wales Act devolves the new powers creates some anomalies which need to be resolved to ensure an efficient and effective approach to consenting.
The consenting powers for energy generating stations and overhead electric lines mentioned above are currently consented by the UK Government through the DCO process.
In devolving these powers, the Wales Act takes consenting for these projects out of the DCO process and places consenting for devolved generating stations in Welsh waters back into the former Electricity Act 1989 process. On land, the consenting of devolved generating stations and associated overhead electric lines is placed into the TCPA process, instead of the Electricity Act. The TCPA has previously not been used to consent this scale of generation project.
For a number of reasons set out in the consultation document, this is seen as a backward step.
In addition, the Welsh Government favours taking a more integrated and streamlined approach to infrastructure consenting. It wants to establish a one- stop shop approach for major devolved projects, similar to the UK Government’s DCO process. This, it argues, would provide more consistent and transparent decision-making, and more certainty for communities and developers alike.
The alternative would be to continue with a number of different processes each with their own requirements, established under separate legislation (including the TCPA, Electricity Act and Harbours Act mentioned above).
The one-stop shop approach also allows a number of secondary consents to be included in the main consent, rather than having to be applied for separately.
Some associated changes to the compulsory purchase process are also proposed.
INTERIM SOLUTION
The Welsh Government says an interim solution is necessary because there isn’t enough time to set up an entirely new process before April 1, 2019.
The interim solution involves amending secondary legislation to include the newly devolved onshore energy generating stations and electric lines within the existing DNS process.
Offshore energy generating stations will be consented under the Electricity Act, with a new fee structure based on full cost recovery. Harbour Revision and Empowerment Orders will continue to be made under the Harbours Act.
Offshore energy generating stations and Harbour Revision and Empowerment Orders can’t be brought into the DNS process because the TCPA, under which the DNS process was established, only extends to the low water mark.
The interim solution is due to come into force on April 1, 2019 and will remain in place until the new process is established. The consultation document suggests this will be after 2020.
LONG-TERM SOLUTION
The long-term solution is to establish a new one-stop shop consenting process that is bespoke to Wales.
The consent would be called Welsh Infrastructure Consent (WIC) and projects captured by it would be called Welsh Infrastructure Projects (WIPs). The Assembly would need to pass primary legislation to establish the new process.
The WIC would consolidate existing consents under the TCPA, Electricity Act, Harbours Act, and a number of other consents made under highways legislation, into one single type of consent. The WIC would also include a wide range of secondary consents, including Compulsory Purchase Orders, Marine Licences and Environmental Permits.
The consenting process would be accompanied by thresholds and policies against which the individual projects can be assessed. Key policies would include Planning Policy Wales, the National Development Framework and the Wales National Marine Plan. The fee structure would be based on full cost recovery.
The WIC process would be designed to be flexible to capture projects of varying types and sizes. It would take a “proportional approach”, enabling certain types of decisions to be made more quickly, and others, which are more complex, to receive greater scrutiny.
This includes introducing a category of optional WIPs that the developer could choose to submit either via the WIC process or to the local planning authority. In the case of offshore projects, where there is no local planning authority, the alternative route for optional WIPs would be via the marine licencing process.
The WIC process would also require developers to engage with local communities before submitting their applications and provide greater opportunity for the public to participate during the examination process. There would also be a specific role for local planning authorities in documenting impact in their areas.
However, the consultation does not address the transfer of regional infrastructure projects away from elected councils and into the hands of unelected so-called ‘City Deal’ boards or their rural counterpart in Mid Wales. The complication of creating a national structure without accounting for looming changes in the delivery of infrastructure services is – as it stands – both unresolved and a likely source of future confusion.
News
Kurtz warns six-month housing pause is costing jobs and worsening housing crisis
SAMUEL KURTZ MS has renewed his warning that a moratorium linked to Natural Resources Wales (NRW) guidance has left housebuilding across large parts of Pembrokeshire “frozen” for almost six months, with growing consequences for employment, local businesses and the county’s already stretched housing supply.
Raising the issue in the Senedd last week, the Member of the Senedd for Carmarthen West and South Pembrokeshire challenged Ministers over the continued paralysis affecting new developments connected to NRW’s interpretation of rules surrounding the marine Special Area of Conservation off the Pembrokeshire coast. Despite efforts by local planning authorities to work within the requirements, development has stalled across wide areas of the county.
Mr Kurtz stressed that responsibility for the impasse sits with NRW and the Welsh Government, not with local councils, which he said are “doing everything reasonably possible” in exceptionally constrained circumstances. In the absence of clear, workable national guidance, planning departments cannot approve applications or provide certainty to developers.
The knock-on effects, he warned, are now being felt across the local economy. Housebuilders are laying off staff, and architects, surveyors and other construction-related firms are seeing projects scrapped or delayed indefinitely. These are “real and immediate” job losses in a county already facing an acute shortage of homes, he said—undermining the Welsh Government’s stated aim to increase housing supply and support economic growth.
Mr Kurtz has called for urgent engagement between Ministers, NRW and councils to find a proportionate solution that protects the marine environment without damaging livelihoods or halting much-needed housing delivery. He has also pressed the Cabinet Secretary for Housing to set out what support, if any, is being offered to affected workers and businesses, and when certainty is likely to return to the sector.
Commenting, Samuel Kurtz MS said:
“Everyone accepts the need to protect our natural environment, but this blanket, unresolved approach from NRW—made worse by inaction from the Welsh Government—has left housebuilding in Pembrokeshire frozen for nearly six months.
“Planning authorities are being placed in an impossible position. Builders and architects are already laying off staff because they simply cannot operate under the current guidance.
“These job losses are a genuine and growing cause for concern. At a time of severe housing shortage, the Welsh Government must take responsibility, get a grip on the situation and deliver a solution that protects the environment while safeguarding jobs, homes and local communities.”
News
1950s women’s group questions ‘new evidence’ claims and £180k DWP payment
Welsh campaigners demand clarity from ministers as WASPI legal costs deal faces scrutiny
CAMPAIGNERS representing women born in the 1950s have written to the UK Government demanding urgent clarification over what ministers are calling “new evidence” on state pension age changes – and why the Department for Work and Pensions (DWP) agreed to pay £180,000 towards legal costs when a High Court cap had been set at £90,000.
In a strongly worded email sent on Monday (Dec 15), Jackie Gilderdale and Kay Clarke, writing on behalf of 1950s Women of Wales, 50s Women United and Pension Partners for Justice, asked Pensions Minister Torsten Bell and Work and Pensions Secretary Pat McFadden to explain the Government’s position ahead of a planned meeting with MPs in January.
They warn that, if ministers do not provide a “full and substantive” response, they will file Freedom of Information requests and escalate the issue to the National Audit Office (NAO) and the House of Commons Public Accounts Committee.
FIRST, THE ‘NEW EVIDENCE’
The Welsh-based group say they are “seeking urgent clarity” about repeated references in Westminster to “new evidence” relating to the way changes to women’s state pension age were communicated.
They argue that key material being talked about publicly is not new at all, but was uncovered years ago during the early stages of the Women Against State Pension Inequality (WASPI) campaign.
In their letter, Jackie and Kay say the omission of state pension age rises for women from automatic pension forecasts “as early as 2003” was documented by the original WASPI co-founders, widely used in campaigning work and held by law firm Bindmans “for almost a decade”.
“It CANNOT credibly be described as new,” they write.
The email asks the ministers to spell out:
- What evidence is being described as “new”;
- When that evidence first came into the possession of Government, MPs and legal representatives; and
- Why “long established, documented evidence is now being presented in this manner”.
They also point to the fact that some material was once published on the WASPI website but later removed by the current WASPI leadership, led by Angela Madden, saying the reason “has never been explained”.
COSTS CAP AND £180,000 PAYMENT
The second major concern raised in the correspondence is the size of the DWP’s contribution to WASPI’s legal costs after the recent judicial review was halted.
The campaigners highlight that a costs capping order in the High Court proceedings limited the department’s liability to £90,000, yet the DWP has since confirmed it will pay £180,000 towards WASPI’s costs.
“This raises significant concerns regarding value for money, propriety and regularity, which fall within the scrutiny remit of the National Audit Office and the Public Accounts Committee,” the letter states.
“It is unclear on what basis this excess payment was authorised, who approved it, or how it complied with principles of public financial management and ministerial accountability.”
Jackie and Kay say that unless ministers set out a clear justification for the payment, they will “proceed with a formal Freedom of Information request and refer the matter to the National Audit Office and the Public Accounts Committee for full investigation”.
They also argue that, in a climate of tight public finances, any decision to go beyond a court-imposed cap should be fully explained to Parliament and the public.

CALL FOR INCLUSIVE MEDIATION
Underpinning the exchange is a long-running demand by 1950s Women of Wales and allied groups for formal mediation between the Government and all major campaign organisations representing women affected by pension age changes.
They point to recent changes to the Civil Procedure Rules and to case law encouraging courts and public bodies to make greater use of Alternative Dispute Resolution (ADR), including mediation.
“As Pensions Minister, Mr Bell has a duty to engage constructively in mediation with leaders of all 1950s women groups,” they write, adding that these groups “possess further evidence requiring scrutiny”.
“To decline or ignore such engagement would risk breaching ministerial duties; fail to meet legal expectations and be manifestly unjust to the women impacted.”
The letter asks for written confirmation that the Minister will now engage in mediation “in line with the Civil Procedure Rules and 2024 ADR requirements”.
SECRECY ROW OVER DECEMBER HEARING
The latest intervention also revisits controversy around the handling of a court hearing on 3 December, linked to the WASPI judicial review.
In earlier emails copied into the thread, Jackie and Kay describe the arrangements for public access to that hearing as an “extraordinary scandal”, claiming the DWP and WASPI agreed to conditions which “effectively repudiated the principle of open justice” by limiting or charging for access.
They say it took an intervention by a High Court judge shortly before the hearing to restore open access, after which both parties withdrew their applications and the case did not proceed.
The campaigners argue that this sequence “raises profound questions” and are calling for greater transparency about why the case collapsed and what, if anything, was being “concealed”.
Those comments are allegations by the campaign group; there is no suggestion that any party has accepted that characterisation of events.

WASPI GOVERNANCE QUESTIONS
Alongside criticism of Government, the Welsh group is also calling for scrutiny of WASPI’s own governance.
In previous correspondence, they raised concerns about:
- apparent discrepancies between public statements about resignations and the directors still listed on Companies House;
- the group’s internal accountability; and
- whether WASPI’s leadership structure reflects those it claims to represent.
They argue that, by WASPI’s own figures, the organisation represents a relatively small proportion of the estimated 3.8 million women affected by state pension age changes, and say ministers should not treat it as the sole voice of the cohort.
“Government cannot be expected to engage with a company whose own governance raises such substantial questions,” one email says, while stressing that all groups – including WASPI – should be involved in any settlement process.
“WOMEN DESERVE HONESTY”
The latest message concludes by saying that women born in the 1950s “deserve honesty, transparency and accountability”.
“Anything less further undermines trust in the political process and perpetuates an injustice that has already endured for far too long, and cost a vast number of lives,” Jackie and Kay write.
They tell the ministers that, if their questions are ignored, they will ensure the full group of All-Party Parliamentary Group members, cross-party MPs and the wider public “are fully informed”.
The Herald has approached Torsten Bell MP, Pat McFadden MP, WASPI and Bindmans for comment.
In an emailed response to The Herald’s questions on Monday, a DWP spokesperson said: “Last month we committed to retake the decision and as set out, we will do so within 3 months.
“This should not be taken as an indication that Government will necessarily decide that it should award financial compensation.”
Business
Computer gaming lounge plans for Tenby cinema submitted
FORMAL plans to turn Tenby’s former Poundland and Royal Playhouse cinema to a retro computer gaming lounge have been submitted to the national park.
Following a takeover by investment firm Gordon Brothers, Poundland shut 57 stores earlier this year, including Tenby’s branch on White Lion Street.
In an application to Pembrokeshire Coast National Park, Matthew Mileson of Newport-based MB Games Ltd, seeks permission for a change of use of the former Gatehouse (Playhouse) Cinema, most recently used as a Poundland store to a retro gaming lounge.
This follows a recently submitted application for a ‘CONTINUE? Retro Gaming Lounge’ sign on the front of the former cinema, ahead of the wider scheme for a retro gaming facility at the former cinema site, which has a Grade-II-listed front façade.
A supporting statement for the change of use scheme through agent Asbri Planning Ltd says: “The proposed retro gaming lounge will be inviting to all ages, including families, groups and individuals with no age restriction. The applicant has several similar premises across other parts of the UK and operates under a successful business model.
“This includes a fee being payable to enter the premises which thereby grants access to unlimited game time to all consoles/arcade machines. There will be no slot or coin-based reward games, so the proposal would not be considered/classed as gambling. The site will provide snacks and drinks (including alcohol) which will be canned/bottled drinks.
“The sale of such drinks would be ancillary to the overall function of the premises, and a separate alcohol licence will be submitted, accordingly.”
It adds: “The development would provide a much-welcomed addition to White Lion Rd which will improve the vitality and viability of the immediate area by promoting greater levels of footfall within the area and introduce greater variety to the shopping frontage at this location.”
It proposes opening hours of 10-10, Sunday to Thursday, and to 11pm on Fridays and Saturdays.
The application, and the related signage scheme, will be considered by park planners at a later date.
Prior to being a Poundland, the site was the Royal Playhouse, which had its final curtain in early 2011 after running for nearly a century.
The cinema had been doing poor business after the opening of a multiplex in Carmarthen; in late 2010 the opening night of the-then latest Harry Potter blockbuster only attracted an audience of 12 people.
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