Politics

WG consults on new planning process

Published

7 years ago

June 21, 2018

Connecting communities: WG proposes two stage approach

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

Greyhound racing in Wales: Future hangs in balance as decision delayed until 2025

Published

9 hours ago

December 18, 2024

Tom Sinclair

THE WELSH GOVERNMENT’S decision to postpone a ruling on the future of greyhound racing until 2025 has sparked mixed reactions, with animal welfare groups voicing disappointment and industry representatives welcoming the extended timeline for discussion.

Welfare groups demand urgent action

Animal welfare organisations, including Dogs Trust, RSPCA Cymru, Blue Cross, Greyhound Rescue Wales, and Hope Rescue, have expressed dismay at the delay. The coalition, known as Cut the Chase, has long advocated for an end to greyhound racing in Wales, calling the postponement a missed opportunity to prevent further harm.

Their concerns mirror recent developments in New Zealand, where greyhound racing will be banned by August 2026 due to concerns over injuries and fatalities. Owen Sharp, Chief Executive of Dogs Trust, stated:
“The call to end greyhound racing in Wales has received overwhelming support from the animal welfare community, Members of the Senedd, and the public, with over 35,000 people signing a petition demanding change.

“It is unacceptable that so many dogs die or are seriously injured every year, all in the name of entertainment. Wales now stands alongside only a handful of countries, including England and Scotland, where this outdated and inhumane practice persists. The Welsh Government must take the only meaningful action to stop this cruelty: end greyhound racing once and for all.”

Public supports a phased ban

A consultation conducted by the Welsh Government revealed that 64.69% of respondents supported a phased ban on greyhound racing. Despite this, officials have opted to extend deliberations, with a final decision now expected in 2025.

Animal welfare groups highlighted troubling figures from the Greyhound Board of Great Britain (GBGB), which reported 359 racing greyhound deaths and 4,238 injuries in 2023 – a 47% increase in fatalities compared to the previous year. Concerns extend to off-track welfare, including reports of poor living conditions, inadequate nutrition, and lack of enrichment for retired greyhounds.

Industry defends its welfare standards

The GBGB has countered criticism by emphasizing welfare improvements at licensed tracks such as Valley Stadium in Wales. Mark Bird, GBGB Chief Executive, said:
“Valley Stadium’s licensing has brought significant welfare improvements, overseen by expert veterinarians and our national network of professionals. Racing greyhounds receive more oversight and protection than many pet dogs across Wales.

“We remain committed to working with the Welsh Government to promote and protect greyhound welfare through effective and proportionate regulation.”

Broader calls for change

The debate in Wales reflects a growing movement to end greyhound racing across the UK and beyond. In Scotland, a Proposed Prohibition of Greyhound Racing Bill aims to outlaw the sport, while New Zealand has committed to a ban, citing ethical concerns.

Decision delayed but debate intensifies

The Welsh Government has emphasized the need for thorough consideration before making a final decision. However, the delay has intensified divisions, with animal welfare groups urging an outright ban and the industry advocating for improved regulation as a viable alternative.

A final verdict is not expected until 2025, leaving the future of the sport – and the welfare of thousands of greyhounds – uncertain.

Community

Only three anti-social behaviour warnings in Haverfordwest in two years

Published

11 hours ago

December 18, 2024

Bruce Sinclair - Local Democracy Reporter

DESCRIBED as a “waste of taxpayers’ money”, a protection order introduced in the centre of Haverfordwest to tackle antisocial behaviour has been “an unnecessary tool” which only resulted in three warnings in two years.

Prior to its backing in mid-2022, a plan to introduce a Public Spaces Protection Order (PSPO) in Haverfordwest town centre had been under discussion for some time, with a public consultation on the matter, as well as previous debates by Pembrokeshire County Council.

The proposals were brought by the town’s then five county councillors, initially prompted by anti-social behaviour and drinking issues at the skate park but later expanded to a large part of the town centre, and were developed in partnership with Dyfed-Powys Police.

Claims had previously been made that “gangs of feral children are roaming around town”, with members of the public subject to verbal and physical abuse in Haverfordwest, and a “criminal element” dealing drugs in the town.

The PSPO gives police and PCSOs additional powers for three years to issue a fixed penalty notice of £100 if someone fails to comply with a request to cease consumption of intoxicating substances in a designated area.

At the time, Cllr Jacob Williams said on “civil liberties grounds” he was shocked to see what was being proposed.

“I think this is way over the top and not a proportionate response,” he said.

The PSPO area includes the Withybush retail area, the river alongside Morrisons, Barn Street, Horsefair roundabout, Rifleman Field, skatepark, Fortunes Frolic and out to the train station.

The December meeting of Pembrokeshire County Council received a submitted question by Independent Group leader Cllr Huw Murphy, who had opposed the scheme.

“At full council on July 14, 2022 a decision was made to implement a Public Space Protection Order (PSPO) within certain areas of Haverfordwest.

“A Partnership Panel held on May 23, 2024, received confirmation that since this PSPO was implemented there have been no prosecutions or fixed penalties issued. There was a cost implication in implementing this PSPO for PCC, money that we can ill afford to spend when ample legislation exists for dealing with antisocial behaviour.

“Therefore, can it be agreed that in future such applications are given greater scrutiny to avoid further waste of taxpayers’ money and what actually reduces antisocial behaviour is increased pro-active policing not more legislation?”

Responding to Cllr Murphy’s question Cllr Williams, now Cabinet Member for Planning & Regulatory Services, said he agreed with the questioner.

“Cllr Murphy and I were among several who opposed this introduction, among the things I said was I was aghast at this proposal which had snowballed; I would’ve been in support around the skate park rather than the town.”

He added: “The way the council was proceeding was not justified and I voted against it; as Cllr Murphy’s question states there have been no prosecutions, but on three occasions police have warned people about offences.”

Cllr Williams said any potential renewing of the order – up for review next year – would go to scrutiny committee before coming before council, “should there be an appetite for this PSPO to be renewed”.

He concluded: “It could be argued there’s no prosecutions so it’s worked; but only three persons have been warned [by police], I think that paints a story that it was probably not only was not a success but probably a tool that was not necessary.”

Community

Derelict Pembroke play area could be turned into allotments

Published

11 hours ago

December 18, 2024

Bruce Sinclair - Local Democracy Reporter

A CALL by a Pembrokeshire town council to be allowed to site allotments on a county council-owned derelict play area is to be considered by planners.

In an application submitted to Pembrokeshire County Council, Pembroke Town Council is seeking permission for a partly retrospective change of use of the former local authority play area on land to the rear of Station Road, Pembroke to 20 allotments.

A supporting statement accompanying the application says: “The area was a former local authority play area and has not had play equipment or been open to the public for over 20 years. Due to demand of allotments, we the town council have leased the land from Pembrokeshire County Council as a community growing area. The land will be divided into around 20 plots. There will also be a 1.5m wide pedestrian path, going through the middle of the field to access the individual plots.

“The site is in a state of unkemptness due to restricted access and a lack of use by any departments in the authority for at least the last decade. PCC own the site, and Environmental Services are Asset Managers. On the whole the site is in remarkably good condition and requires very little intervention as a proposed allotment.”

It adds: “Only pedestrian access is possible to the site, however this makes highly suitable to offer to local residents, which would be preferential. Delivering items to the site may be hindered but tenants are asked only to take what they’ll use to an allotment site to prevent refuse accumulating, and the gateway is wide enough to accommodate wheelbarrows.

“With regards to allotments, we tend to provide an area of land ’as seen’, it would be a tenant’s responsibility to tidy the plot and rid it of weeds and unwanted green growth, and deal with composting accordingly.”

The application will be considered by county planners at a later date.