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
Council denies claims new Haverfordwest bridge is wrong size

PEMBROKESHIRE COUNTY COUNCIL has rejected claims that the new pedestrian bridge in Haverfordwest has been fabricated 300mm too short.
The bridge, which forms part of a wider town centre regeneration scheme, was delivered to the site in late May and is scheduled for installation on the weekend of August 16–17.
In recent weeks, The Herald has received multiple reports alleging that the structure was slightly too short and that adjustments were being made to the concrete bases to compensate. One trusted source said the bridge was “300mm too short” and claimed: “They aren’t extending it, but they are re-doing the concrete bases to receive it.”
A town councillor, speaking anonymously, also told The Herald they had heard the fabricators used the old bridge as a reference and ended up “around 15 to 20 centimetres out.”
However, the council has issued a firm denial.
In a statement, a spokesperson said: “This is incorrect/false information. There hasn’t been any modification undertaken to the concrete bases as originally designed and constructed. No adjustment was made or required. There are no contractor or design errors.”
According to the council, the crane required for lifting the bridge into place is due to arrive on site on August 11. The booking for the crane was made in February.
The bridge has been promoted as a visual centrepiece for the town, with ambitions to boost footfall and appeal to visitors and social media users. Some residents, however, have voiced frustration over delays and limited visible progress.
The Herald will continue to monitor the situation.
News
Fresh storm hits Neyland Town Council over church ceremony outburst

Councillor demands mayor’s resignation after ‘diatribe of hatred’ in chapel. Town Clerk responds as tribunal looms for accuser — mayor silent
NEYLAND TOWN COUNCIL has been plunged into fresh controversy after Councillor David K. Devauden issued a scathing email demanding the resignation of the town’s mayor, Cllr. Peter Hay, following remarks made during a civic chapel service.
The incident occurred on Sunday (July 6) during a service attended by council members, local dignitaries, Reverend Alan Chadwick, and representatives from community groups. According to Cllr. Devauden, the mayor’s address amounted to a “sick diatribe of hatred” which caused “stress and distress” to himself, two former councillors, and others in the community.
The Herald understands that several attendees were so offended by the mayor’s tone that they refused to stay for the refreshments afterwards. One source described the atmosphere as “toxic.”
In his email, sent to the full council and copied to the Public Services Ombudsman for Wales, Cllr. Devauden called on the mayor to publicly apologise on the council’s website and to resign both his ceremonial and elected roles, claiming he is “not fit to hold your trousers up let alone the office of representing the people of Neyland.”
Cllr. Devauden also accused the mayor of waging a longstanding campaign of personal attacks, citing an example where it was allegedly claimed that the Milford Town Band objected to his presence at a Remembrance Day parade — a claim the band later denied when contacted, he said.
“This email is like that light chilly buff of wind that is a sure sign a storm is on its way,” Cllr. Devauden wrote. “So go before you are blown away.”
In response, Neyland Town Clerk Libby Matthews replied to The Herald, copying Cllr. Hay into the correspondence to allow him the opportunity to comment. She also drew attention to ongoing tribunal proceedings against both Cllr. Devauden and former councillor Brian Rothero, who are listed by the Adjudication Panel for Wales as facing multiple alleged breaches of the Councillor Code of Conduct.
“I do feel this is very relevant to the story I am sure Cllr. Devauden is trying to spin,” she wrote. “I will be happy to clarify any facts on either side of the matter, should you have any particular allegations you would wish to understand the truth of.”
According to the Adjudication Panel’s website, Cllr. Devauden is scheduled to face a tribunal (reference APW/005/2024-025/CT) over alleged breaches of the Code, including failing to show respect and consideration, bringing the office into disrepute, and misusing his position. A date for the hearing has not yet been confirmed.
Former councillor Brian Rothero is also listed for an upcoming tribunal. In a statement to The Herald, Mr Rothero said:
“This entire affair is deeply unpleasant and damaging to the town’s reputation. The comments made by the mayor were shocking, and I stand with Cllr. Devauden in asking for accountability.
“For years now, a small group on the council has operated without transparency or respect for proper conduct. The people of Neyland deserve better.”
Concerns about the mayor’s conduct were also echoed by a member of the public at the most recent council meeting. The Herald understands a letter was either read aloud or formally submitted at the meeting, expressing serious concern about what was said during the civic service.
“I have never been more ashamed of a council in my life,” the letter reportedly stated. “What was meant to be a respectful civic occasion was turned into something divisive and distressing. I urge councillors to reflect seriously on what kind of leadership this town deserves.”
Despite being given the opportunity to respond, Cllr. Peter Hay did not reply to The Herald’s request for comment.
The Herald understands that internal divisions have dogged Neyland Town Council for some time, with previous rows also referred to the Ombudsman and widely discussed in the community.
Education
Future of childcare and early education ‘at serious risk’

MANY childcare providers across Wales will be forced to close due to the unsustainable funding model imposed by the Welsh Government, the sector warned.
Lisa Owen, who has run the Chuckles nursery in Newport for more than 25 years, called for fair funding for providers and parents as she penned a 2,000-name Senedd petition.
Under the Welsh Government’s offer, working parents or those in eligible education or training can receive help towards the cost of childcare for three- and four-year-olds.
But providers receive a £6.40-an-hour rate which Ms Owen warned does not cover the true cost of delivering childcare, with many businesses being forced to run at a loss.
“Childcare providers should not have to fight to survive,” she wrote. “Families should not have to struggle to find care for their children – if we don’t act now, the future of childcare and early years education in Wales is at serious risk.”
In response to the petition, Dawn Bowden, minister for children and social care, said the Welsh Government will invest more than £150m in childcare in 2025/26.

Pledging to review the amount providers receive each year, Ms Bowden pointed to April’s £1.40 uplift in the rate which had been frozen at £5 for three years as inflation spiralled.
She also raised a 20% uplift in allowable food costs and 100% small business rates relief.
But Ms Owen was extremely disappointed by the minister’s response, saying she has to subsidise the childcare offer at the risk of losing her business.
She asked: “Why are childcare providers having to fund the difference between the rate the Welsh Government has decided and the rate the setting needs to charge to be sustainable?”
The petitioner said: “We are not asking for an increased rate but for the Welsh Government to give us back our businesses by allowing us to charge shortfalls if required, so we can protect the longevity of the business and the future jobs of our teams.”
Ms Owen warned the flat rate and inability to charge for the shortfall meant she lost income of about £75,000, including £50,000 earmarked for a disabled toilet extension.
She said: “It is getting increasingly annoying that the minister keeps writing that the rate was increased by 28% but missing out that in April 2022 the rate was frozen for three years.”
The business owner pointed out that wages increased by 37% in the same period and the UK Government raised employer national insurance contributions (NICs) from April.
She told the Senedd’s petitions committee her award-winning nursery paused investment and will no longer be able to take on apprentices nor pay the real living wage.
In a follow-up letter, the campaigner said: “These all stopped because the Welsh Government will not allow me to charge what I need to be sustainable.”
Ms Owen wrote: “Everyone I have spoken to outside the Welsh Government completely understands our position and how simply this can be rectified. I hope you can see how unreasonable it is to expect a business to support your scheme then be destroyed by it.”
Her nursery was one of a handful in Wales to score “excellent” in all six areas of a joint Care Inspectorate Wales and Estyn inspection in 2023.
“I am not rich,” she said. “Nurseries are no longer ‘honey pots’ due to the huge amount of regulations we have to adhere to and the training we have to fund.
“Everyone is quick enough to say we are expensive but they are expensive to operate: you can’t cut staff, turn the heating down, buy cheaper materials.
“It’s a passion and we do what we do to survive.”
The National Day Nurseries Association Cymru welcomed the £1.40 increase but warned the £6.40 rate was still expected to leave most private nurseries with a shortfall.
The effective rate for childcare providers ranged from £7 to £10 an hour, according to an Early Years Wales report which warned of pressures from wage growth, inflation and NICs.
One provider told the umbrella organisation: “Rhetoric alone won’t change outcomes for children. Investment, collaboration and a long-term commitment to early years support will.
“Ministers must now translate their words into tangible actions that ensure every child in Wales has the strongest possible start in life.”
At its meeting on July 14, the Senedd’s petitions committee decided to write to the minister, seeking a response to Ms Owen’s concerns while keeping the petition open in the interim.
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