Politics
Westminster risks ‘souring relationships’ claim
THE WALES Civil Society Forum on Brexit, a partnership between the Wales Governance Centre and Wales Council for Voluntary Action funded by The Legal Education Foundation, has responded to the UK Government Consultation on the UK Internal Market.
The UK Government did not consult with any of the UK’s devolved administrations about its proposed legislation before publishing the White Paper and announcing an unusually brief consultation on such an important policy.
On July 16, the UK Government launched a four-week white paper consultation on its post-Brexit UK Internal Market proposals.
The response highlights that the proposals, which suggest an unusually broad system of mutual recognition and non-discrimination, are lacking in detail and represent a serious threat to the regulatory autonomy of the devolved nations.
Under the suggested system, goods and services produced in England would be able to bypass Welsh regulatory requirements by virtue of mutual recognition. This principle states that goods lawfully sold in one part of the UK, can be lawfully sold in the other regions without having to comply with local requirements.
By way of example, if Wales bans a particular single use plastic product but England does not, then this product could not be produced and sold in Wales, but producers in England would be permitted to sell that product in Wales.
The UK Government narrative that this system represents a ‘power surge’ for the devolved administrations by allowing them to maintain their own approach to regulation while preventing internal market barriers resulting from powers returning from the EU has been strongly denounced, especially in Cardiff and Edinburgh.
Charles Whitmore, author of the response, commented that: “From a devolved perspective these proposals are problematic in both process and substance. This is a major constitutional reform that procedurally needs far more than a four-week consultation, in the middle of summer, during parliamentary recess, while many stakeholders are busy tackling Covid-19. This may be a symptom of the UK Government’s self-imposed Brexit deadline, but it is doubtful that the scale of the problem being addressed even requires a legislative response of this nature be rushed through prior to the end of transition.
“It is particularly problematic that a system of mutual recognition is suggested, as this is heavily reliant on effective intergovernmental working and trust. Yet not only has the UK been sorely in need of a reformed system of Intergovernmental Relations for a long time, on this specific issue, the UK Government ceased engaging with the Welsh Government prior to launching the White Paper and did not share it with them beforehand.”
The response draws on examples from Australia, Canada and the European Union to argue that the proposals risk substantively cutting across devolved competence and triggering a race to the bottom by creating pressure to lower standards in areas like the environment, food, and animal welfare.
This stems from an overarching lack of consideration in the white paper both on how to balance frictionless internal trade with the value of devolved autonomy, and how to ensure a level playing field for the devolved administrations in the much-needed intergovernmental governance structures.
As such, key issues like how exceptions and derogations will be managed, as well as how dispute avoidance and resolution will function, are all absent or insufficiently addressed in the proposals.
They also include a highly controversial direct reversal of devolution by suggesting that the UK Government will legislate to provide that subsidiary control is a reserved matter.
Legislation on the UK internal market is expected in the Autumn, but if the UK Government does not revise its position considerably, it is unlikely that legislative consent will be granted in Wales.
The Westminster Government could press ahead regardless, but the Forum claims such a move would ‘undoubtedly further sour relationships – a far cry from the trust and cooperation needed for mutual recognition’.
The FUW’s Dr Nick Fenwick responded to the consultation, saying: “The consideration of such matters in a White Paper within months of the end of the Withdrawal Agreement period gives us very little time to hold proper detailed discussions and introduce the type of structures and bodies we truly need to make recommendations, enforce regulations, arbitrate on matters etc. in a way that is fair.”
“It also gives us very little time to sort out what are huge constitutional issues which also happen to be crucial to the running of Welsh businesses,” he added.
Business
Cosheston Garden Centre expansion approved by planners
PLANS to upgrade a garden centre on the main road to Pembroke Dock have been given the go-ahead.
In an application to Pembrokeshire County Council, submitted through agent Hayston Developments & Planning Ltd, Mr and Mrs Wainwright sought permission for upgrade of a garden centre with a relocated garden centre sales area, additional parking and the creation of ornamental pond and wildlife enhancement area (partly in retrospect) at Cosheston Garden Centre, Slade Cross, Cosheston.
The application was a resubmission of a previously refused scheme, with the retrospective aspects of the works starting in late 2023.
The site has a long planning history, and started life as a market garden and turkey farm in the 1980s, and then a number of applications for new development.
A supporting statement says the previously-refused application included setting aside a significant part of the proposed new building for general retail sales as a linked farm shop and local food store/deli in addition to a coffee bar.
It was refused on the grounds of “the proposal was deemed to be contrary to retail policies and the likely impact of that use on the vitality and viability of nearby centres,” the statement said, adding: “Secondly, in noting that vehicular access was off the A 477 (T) the Welsh Government raised an objection on the grounds that insufficient transport information had been submitted in respect of traffic generation and highway safety.”
It said the new scheme seeks to address those issues; the development largely the same with the proposed new garden centre building now only proposed to accommodate a relocated garden centre display sales area rather than a new retail sales area with other goods, but retaining a small ancillary coffee bar area.
“Additional information, in the form of an independent and comprehensive Transport Statement, has now been submitted to address the objection raised by the Welsh Government in respect of highway safety,” the statement said.
It conceded: “It is acknowledged that both the creation of the ornamental pond and ‘overspill’ parking area do not have the benefit of planning permission and therefore these aspects of the application are ‘in retrospect’ and seeks their retention.”
It finished: “Essentially, this proposal seeks to upgrade existing facilities and offer to the general public. It includes the ‘relocation’ of a previously existing retail display area which had been ‘lost’ to the ornamental pond/amenity area and to provide this use within the proposed new building and moves away from the previously proposed ‘farm shop’ idea which we thought had merit.
“This revised proposal therefore involves an ‘upgrading’ rather than an ‘expansion’ of the existing garden centre use.”
An officer report recommending approval said that, while the scheme would still be in the countryside rather than within a settlement boundary, the range of goods sold would be “typical of the type of goods sold in a garden centre and which could be sold elsewhere within the garden centre itself,” adding: “Unlike the recent planning application refused permission it is not intended to sell delicatessen goods, dried food, fruit and vegetables, pet products and gifts.”
It added that a transport statement provided had been reviewed by the Welsh Government, which did not object on highway grounds subject to conditions on any decision notice relating to visibility splays and parking facilities.
The application was conditionally approved.
Business
Tenby Poundland site could become retro gaming lounge
TENBY’S former Poundland and Royal Playhouse cinema could become a retro computer gaming lounge, plans submitted to the national park hope.
Following a takeover by investment firm Gordon Brothers, Poundland shut 57 stores earlier this year, including Tenby.
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.
In an application to Pembrokeshire Coast National Park, Matthew Mileson of Newport-based MB Games Ltd, seeks permission for a ‘CONTINUE? Retro Gaming Lounge’ sign on the front of the former Gatehouse (Playhouse) Cinema, White Lion Street, most recently used as a Poundland store.
The signage plans form part of a wider scheme for a retro gaming facility at the former cinema site, which has a Grade-II-listed front facade, a supporting statement through agent Asbri Planning Ltd says.
“The subject site is located within the settlement of Tenby along White Lion St. The site was formerly the Gatehouse Cinema and currently operates as a Poundland discount store, which closed on October 18.”
It adds: “This application forms part of a wider scheme for the change of use to the former Gatehouse Cinema. Advertisement consent is sought for a non-illuminated aluminium composite folded panel that will be bolted onto the front façade of the proposed building, in replacement of the existing signage (Poundland).”
It stresses: “It is considered that the proposed advertisement will not have a detrimental impact on the quality of the environment, along with being within a proportionate scale of the building. It is considered that the proposed signage will reflect site function.
“Furthermore, due to the sympathetic scale and design of the sign itself, it is considered that the proposal will not result in any adverse visual amenity impacts.
“The proposal is reduced in sized compared to the existing Poundland advertisement. The sign will not be illuminated. Given the above it is considered that such proportionate signate in association with the proposed retro gaming lounge is acceptable and does not adversely affect visual amenity.”
An application for a retro gaming lounge by MB Games Ltd was recently given the go-ahead in Swansea.
Business
Llandeloy cottage crochet plans given the green light
A CALL to change the use of a Pembrokeshire farm holiday cottage to a crochet workshop has been given the go-ahead by Pembrokeshire planners.
In an application to Pembrokeshire County Council, Mr and Mrs Evans of Lochmeyler Farm, Llandeloy, through agent Harries Planning Design Management, sought permission for a change of use of a self-catered cottage to a crochet workshop.
A supporting statement says the application, one of a number of historic farm diversification schemes on site “seeks to continue to evolve with current market demands,” the cottage proposed for the change of use once a former outbuilding that was originally converted in 1992 into “a well-established holiday let”.
It added: “Made by Margo is a well-regarded local business founded by Margo Evans, a passionate lifelong crafter who began knitting at a young age. Her company specialises in creating handcrafted, contemporary crochet products using high-quality natural materials.
“Accordingly, Margo is a highly sought-after teacher known for her popular crochet classes. This proposal is motivated by a recognised need for a permanent space for the business, as to date the applicant has needed to use community halls or similar spaces to accommodate clients.
“Thus, the proposed change of use will secure a permanent space for these workshops and will future proof the business against the lack of availability of public spaces.
“Other alternatives have been considered with the cottage being the most viable option, particularly as demand has waned for holiday cottage post Covid-19. The holiday cottage, whilst once popular, is no longer in high demand, with visitors requiring more modern amenities and larger spaces which without significant investment, this holiday cottage is unable to provide.
“Consequently, the cottage’s change of use will diversify the farm’s revenue, while simultaneously providing a permanent base for a small rural business. While the primary customer base is local, the space may also help attract seasonal tourism and broaden the business’s appeal.”
It says the operation would be on a small scale, with a maximum of six people per class and a three day per-week schedule.
An officer report, recommending approval, said: “The provision of a workshop would have both social and environmental benefits for the applicant and local community through the provision of business and income generated from the operation.
“With regard to environmental impacts, positive environmental impacts would be achieved through the re-use of the building. Whilst the proposed location is in the open countryside, which is not a sustainable location, the proposed operation of the business is low scale. It is considered that the number of trips would be of low frequency when compared to the potential number of trips that are generated from tourism.”
The application was conditionally approved.
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