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
Game of Thrones star urges voters to back anti-DARC parties
ACTOR Jerome Flynn has urged voters in Wales to back parties opposed to the proposed DARC radar scheme at Cawdor Barracks, saying the issue could be decided by the next Welsh Government.
The Pembrokeshire-based Game of Thrones star, also known for Soldier Soldier and Robson & Jerome, made the appeal in a video released by PARC Against DARC on Tuesday (May 5), just two days before polling day in the Senedd election.
Radar row enters election campaign
Flynn urged voters in Ceredigion Penfro and across Wales to support Plaid Cymru or the Green Party, saying both parties had pledged to oppose the project.
The Ministry of Defence has submitted a planning application to Pembrokeshire County Council for 27 radar antennas and associated infrastructure at Cawdor Barracks, near Brawdy.
The scheme forms part of the Deep Space Advanced Radar Capability programme, linked to the AUKUS defence partnership between the UK, US and Australia.
The MOD says DARC would help detect, identify and track objects in Earth orbit, supporting military and civilian satellite security.
Opponents claim the radar would industrialise part of the Pembrokeshire countryside, damage the setting of the national park, and increase the area’s military significance.
Flynn says project ‘not a done deal’
In the video, Flynn described the election as “probably the most crucial vote we’ve made in 25 years”.
He claimed the next Senedd could play a decisive role in the future of the project, saying: “I’m here to say, it’s not a done deal because Plaid Cymru and the Greens have both made party-led decisions to say no to Westminster.
“We’re not having such a thing on our beloved coast.”
Flynn also described St Davids as “the spiritual home of Wales” and criticised what he called “the most unspeakably abominable planning application” on the edge of the Pembrokeshire Coast National Park.
Campaign steps up pressure
PARC Against DARC said it welcomed Flynn’s intervention and said it had distributed 22,000 leaflets around Pembrokeshire in recent weeks.
The campaign group said First Minister Eluned Morgan’s recent comments on the scheme did not go far enough.
A spokesperson said: “While Eluned Morgan has come out in the final hour to call for DARC to be halted, we fear this does not go nearly far enough.
“Plaid Cymru and the Green Party have both made it their national party policy to oppose and stop DARC, so we have no doubt of the authenticity of their commitment.”
The group is also urging residents to submit objections to Pembrokeshire County Council before the current publicity period ends on May 20.
Welsh Government role
Campaigners say the next Welsh Government could intervene by “calling in” the planning application, meaning Welsh ministers would take responsibility for deciding it rather than leaving the final decision with Pembrokeshire County Council.
That possibility has made DARC a significant local election issue in Ceredigion Penfro, where Eluned Morgan is Labour’s lead candidate, Elin Jones leads the Plaid Cymru list, and Amy Nicholass heads the Green Party list.
Under the new Senedd voting system, voters will elect six Members of the Senedd for the constituency using a proportional list system.
PARC Against DARC said this meant there was “far less need for tactical voting” and argued that voters opposed to the radar could support either Plaid Cymru or the Greens.
Wider concerns
Campaigners have repeatedly claimed that the radar would make Pembrokeshire a potential military target and draw Wales further into US military strategy.
They also say the project raises environmental, health, democratic and security concerns.
Supporters of the scheme argue that space monitoring is becoming increasingly important as satellites are used for communications, navigation, defence and emergency infrastructure.
Flynn ended his video by saying: “Vote with your heart because we can make a difference here, we could put in a government that cares about our land, our people and our environment.”
Whatever the outcome of Thursday’s election, the intervention by one of Pembrokeshire’s best-known residents is likely to keep the DARC controversy high on the political agenda.
News
Landlords in Wales face new anti-discrimination laws
New rules from June 1 will make it unlawful to refuse renters because they have children or receive benefits
LANDLORDS in Wales are being warned to prepare for new anti-discrimination laws which come into force at the beginning of June.
From Monday, June 1, it will be unlawful for landlords and letting agents to discriminate against prospective contract-holders because they have children or receive benefits.
The change follows the Renters’ Rights Act 2025, which mainly reforms renting law in England, but also extends key anti-discrimination protections into Wales.
The Welsh provisions will be incorporated into the Renting Homes framework and will apply to occupation contracts. Unlike the civil penalty regime used in England, breaches in Wales may amount to a criminal offence, with enforcement handled by local authorities and cases dealt with through the courts.
What landlords cannot do
From June 1, landlords and agents must not deter people from applying for a property because they have children or receive benefits.
They must also not refuse or restrict access to viewings, prevent prospective tenants from receiving information about a property, or exclude them from entering into an occupation contract on those grounds.
The measures are aimed at ending blanket “no children” or “no benefits” policies, which campaigners have long argued unfairly shut families and low-income households out of the private rented sector.
Landlords will still be allowed to carry out affordability checks and assess whether a property is suitable. For example, a landlord may still decide that a particular room or property is physically unsuitable for children, but the decision must be based on the property itself rather than a blanket ban.
Paperwork deadline
Under the new rules, landlords will need to issue either a new occupation contract or a statement of variation to reflect the changes.
The statement can be served up to fourteen days after the rules take effect, meaning landlords should act by June 14.
Leading North Wales estate and lettings agent Cavendish, which has offices in Mold and Ruthin, says it has been advising landlords ahead of the deadline.
Nicola Blake, Operations Director at Cavendish, said: “While much of the focus in recent months has been on the introduction of the Renters’ Rights Act in England, some of the changes are also impacting Wales.
“As of June 1, landlords in Wales will be subject to stringent anti-discrimination laws and failure to adhere to the new legislation could result in a criminal prosecution.”
She added: “This is a significant change for landlords in Wales, and we are helping our clients to be ready well ahead of the deadline, completing the required paperwork and ensuring they are fully compliant.”
Landlord seminar
Cavendish will hold a seminar later this year for landlords in Wales, covering legislative changes and advice on managing and improving property portfolios.
The event will take place on Monday, October 26, at Theatr Clwyd. Cavendish recently became a Gold Member of the Mold arts venue.
Cavendish was established in 1993 by Julian Adams, the firm’s chairman, and his then business partner Robert Ikin.
The company now employs more than thirty people across estate agency and lettings, with offices in Mold, Ruthin and Chester. It says it helps more than 600 homeowners move each year and manages around 650 properties.
News
Academics warn voters need clear reporting ahead of historic Senedd election
Cardiff University experts say misinformation, coalition arithmetic, public finances and devolved powers are among the key issues facing Wales
CARDIFF UNIVERSITY academics have warned that clear reporting and proper scrutiny will be vital as Wales prepares for one of the most significant Senedd elections since devolution.
The intervention comes ahead of polling day on Thursday (May 7), when voters will elect a larger 96-member Senedd under a new voting system.
Professor Stephen Cushion, from Cardiff University’s School of Journalism, Media and Culture, said UK-wide or English-produced news remained the main source of political information for many people in Wales.
He warned that reporting on devolved issues such as health, education and law and order did not always explain clearly which government was responsible.
Professor Cushion said this could leave people confused about what applies to Wales, particularly when audiences increasingly see political headlines on social media without reading the full context.
Dr Maxwell Modell, a research associate at the same school, said some political news items presented parties arguing with each other without enough independent assessment of their claims.
He said broadcasters sometimes set out several party positions side by side, leaving viewers to make sense of them without journalistic scrutiny.
Dr Keighley Perkins said turnout could be higher than at any point since devolution began, given the possibility of political change.
She said coverage should focus less on perceived disengagement and more on the issues facing the next Welsh Government and scrutiny of party policy positions.
Misinformation warning
Dr Bethan Davies, based in Cardiff University’s Security, Crime and Intelligence Innovation Institute, warned that there was significant scope for misinformation and disinformation to spread during the campaign, particularly with the rise of AI-generated content.
She said inauthentic accounts sometimes used the logos of reliable news outlets on videos to make audiences believe they were genuine.
Professor Martin Innes, co-director of the same institute, said foreign interests seeking to influence or interfere in politics remained a persistent problem.
He said there should be clear ministerial and senior official accountability for combating foreign online political interference, with resources matching the scale of the challenge.
Economy and public finances
Professor Melanie Jones, of Cardiff Business School, said the future performance of the Welsh economy should be a key focus for the next Welsh Government.
She said improving living standards depended on addressing Wales’ productivity gap with the rest of the UK, which would require long-term commitment and investment in people and infrastructure.
Professor Robert Huggins, of the School of Geography and Planning, said Cardiff was developing as a hub for creative and high-tech industries, but regeneration was less obvious in the South Wales Valleys.
He said the next Welsh Government would have “much work to do” to improve prospects for people living in those areas.
Guto Ifan, from the Wales Fiscal Analysis programme, said difficult choices over spending and taxation were likely after the election.
He warned that if the UK Government sticks to its current spending plans, growing NHS spending alongside manifesto commitments on childcare, education, transport, social care and taxation would require significant cuts to some public services or tax rises.
He said manifestos were largely silent on how those trade-offs would be managed.
Welsh identity and coalition arithmetic
Professor Richard Wyn Jones, of the Wales Governance Centre, said Wales was becoming “less British”, with younger voters increasingly identifying as Welsh only or moving away from national identity altogether.
He said those who felt Welsh but not British tended to be more left wing and socially liberal than those who felt both Welsh and British, which he said was good news for Plaid Cymru.
Professor Laura McAllister said the expanded Senedd would need sharper scrutiny and the ability to challenge government if the increase in members was to be justified.
She said Wales also needed to avoid a “race to the bottom” in political behaviour if public trust was to be rebuilt.
Dr Jac Larner said the general polling trend showed the race to be the largest party remained between Plaid Cymru and Reform UK, with other parties competing for third place or below.
However, he said finishing first could matter less than it appeared.
He said whichever party led on seats would face coalition arithmetic, adding that Plaid Cymru had more credible potential partners in Labour and the Greens, while Reform had fewer options.
The Herald has carried detailed election coverage in recent weeks, including candidate interviews, graphics, explainers on the new voting system, and analysis of the Ceredigion Penfro contest.
Cardiff University said the experts were available for further comment throughout the campaign.
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