Local Government
Councillor suspended for four years after tribunal finds code breaches
Ombudsman-related hearing told actions had “detrimental” impact on council
A NEYLAND town councillor has been suspended from office for four years after a tribunal found he had breached the code of conduct.
The decision was announced at Haverfordwest Court Court on Friday (Jan 16) following Ombudsman-related proceedings concerning complaints made by Mayor Peter Hay and town clerk Elizabeth Anne Matthews.
The hearing, which stretched over two days, heard evidence from the clerk and the mayor and examined a series of allegations relating to Cllr David Devauden’s conduct and dealings with the council office.
Proceedings opened at 10:00am on Thursday (Jan 15) with a courtroom packed with members of the public and other Neyland town councillors. The judge, flanked by two magistrates, said he wished to deal first with preliminary matters.
Disputed bundle amended
Cllr Devauden, who represented himself, raised a preliminary point about what was described as an agreed bundle of “undisputed facts,” arguing that some entries had been written incorrectly and could be misleading.
He told the tribunal the bundle stated he had accused the clerk of “committing illegal acts against the council,” but said his position was that the clerk and others had conspired to tamper with a government document, which he described as fraud.
The judge agreed to make small amendments to the bundle in Cllr Devauden’s favour.
Clerk gives evidence
The first witness was the clerk, who confirmed her full name as Elizabeth Anne Matthews and confirmed that she had made a complaint to the Ombudsman.
In questioning, Cllr Devauden asked when they first met. Ms Matthews replied: “It was when you joined the council.”
“But that’s a lie isn’t it,” Cllr Devauden said, claiming he had met her in 2008 when she worked at the post office and that he would see her regularly.
Ms Matthews disputed this and told the tribunal she did not start working at the post office until 2025, adding that she served many customers and did not remember him.
Minutes, recordings and allegations of leaks
The hearing then moved to issues around access to council minutes and recordings.
Cllr Devauden told the tribunal he had asked for minutes but said they were not provided. Ms Matthews said he had asked for minutes covering a number of years and that it was not something she could do immediately while busy.
Cllr Devauden argued that minutes should be provided “on demand,” referring to what he said was the position under the Local Government Act. Ms Matthews replied that while minutes had to be provided, it was “within a reasonable time,” rather than instantly.
Ms Matthews was also questioned about why she had not passed over recordings requested by Cllr Devauden. She told the tribunal she was concerned about protecting the council and said she believed he had been leaking information to the press. She said press coverage of Neyland Town Council had “always been negative,” and alleged that Cllr Devauden was the source.
Cllr Devauden denied leaking information and said he had only been to the newspaper on two occasions and that each time his name had been included in the reporting.
Allegation of intimidation denied
The tribunal heard an allegation that Cllr Devauden had shouted at Ms Matthews when she refused to provide minutes.
Cllr Devauden denied shouting and told the tribunal it was “your word against mine,” adding that he had walked out of the office and thought to himself that the situation was “toxic.”
Ms Matthews alleged that after requesting minutes Cllr Devauden remained in the office, threatening to report her to the police, standing in the doorway and leaving her feeling she could not escape. Cllr Devauden denied threatening her. Ms Matthews told the tribunal the matter was “in the emails.”
When challenged on her evidence, she said: “What is written in my statement is true according to my absolute belief.”
Mayor called to the stand
Mayor Peter Hay was the next witness to give evidence. He confirmed he had also made a complaint against Cllr Devauden.
The tribunal heard evidence relating to Remembrance Sunday arrangements, including why Cllr Devauden had not been selected as parade marshal and why he did not read the order of wreaths.
Cllr Devauden said he had carried out the role for “ten or 15 years,” while the mayor said he believed it had been done once before.
The judge questioned the relevance of the line of questioning and asked Cllr Devauden where it was leading. Cllr Devauden said he wanted to prove the mayor was a “pathological liar.”
Cllr Devauden referred to the claim that councillors had been told they had to choose between him or “the band” as the reason he was overlooked. Mayor Hay told the tribunal he did not mean the Milford Haven Town Band and said he did not know which organisation had complained.
“Whether it was the Cubs, the Brownies or the Scouts, I’m not sure who complained about Cllr Devauden,” he said. “I do not engage in tittle-tattle. I just knew a complaint had been made.”
With no further questions considered relevant at that stage, the judge directed that the mayor could step down from the witness box and take a seat at the back of the courtroom. The hearing then adjourned briefly.
Evidence over documents and disputed dates

After the break, the hearing returned to evidence relating to requests for council documents and allegations surrounding access to information.
The court heard reference to a witness statement dated Friday, April 19, 2024, which included mention of ‘Sarah’s Law’. During questioning, one witness told the tribunal she had not been well at the relevant time.
Cllr Devauden challenged aspects of the evidence, including uncertainty over dates. He told the tribunal that without a clear date he could not properly respond, asking how he could “admit or argue” evidence where timings were disputed.
There were also references to whether Cllr Devauden had asked for information about individuals, which he disputed, and further discussion about requests for historic minutes and access to recordings, including what could reasonably be provided and when.
The hearing also heard exchanges about whether individuals felt intimidated during interactions at the council office, which Cllr Devauden denied.
“Nearly eighty” and unrepresented
Cllr Devauden appeared without legal representation during the two-day hearing and at times seemed to struggle with the tribunal process. In evidence he told the tribunal he was “nearly eighty” and added: “My brain is not as quick as it used to be.”
Observers in court noted that he did not mount an effective cross-examination of witnesses and was repeatedly directed back to the issues the tribunal was required to determine. As a result, wider concerns about council governance — which have been the subject of public controversy in Neyland in recent months — were not explored in detail during the proceedings.
Tribunal retires to consider sanction
When the tribunal returned on Friday morning, the judge questioned Cllr Devauden about his understanding of the authority of the tribunal and the impact of his actions.
“Do you understand the authority of this tribunal?” the judge asked. Cllr Devauden replied: “Yes.”
The judge asked whether he recognised the impact his actions had had and whether he could understand why he was in breach. Cllr Devauden told the tribunal he may have been in breach in 2023, but said in relation to last year he believed he had seen “criminal behaviours” and had to speak out.
The judge then asked whether he wished to take the opportunity to apologise.
Cllr Devauden replied: “Yes, I am very sorry for the things I’ve done and I take full responsibility. It would be foolish not to.”
The judge and magistrates then retired.
Aggravating factors outlined
The tribunal said there were very few mitigating circumstances, noting only that Cllr Devauden had been in service for a short period and had a clean record up until the matters raised.
However, the tribunal listed a series of aggravating features. These included findings that he had taken no responsibility towards Ms Matthews, shown no respect towards the Ombudsman process, and that there had been a pattern of repeated behaviour.
The tribunal also found that he had acted constructively and wilfully to hurt Ms Matthews and said the impact on her mental health had been severe, with the hearing told she had taken time off in June 2024.
Further aggravating points included references to threatening emails sent in the week before the tribunal, an admission that he had not taken the time to read the code of conduct, and failures to follow the Nolan Principles.
Four-year suspension imposed
At the conclusion of proceedings, the tribunal imposed a sanction of a four-year suspension from office. It also ordered that Cllr Devauden undertake further code of conduct training sessions.
Business
Lamphey holiday let refused due to ongoing nitrates issue
COUNCILLORS have expressed their sympathy after plans to convert an annexe in a Pembrokeshire village to a holiday let were refused due to general ongoing guidance about nitrogen levels in the Haven Waterway which is limiting development.
In an application recommended for refusal at the January 13 meeting of Pembrokeshire County Council’s planning committee, Mr J Burns sought a partly retrospective permission for the subdivision of an existing annexe at Briardale, Lamphey for holiday accommodation.
The application was before the committee rather than being decided by officers under delegated powers following a successful call at the October meeting of the council’s planning delegation panel.
It was recommended for refusal on the grounds it would result in an increase in nitrogen discharges draining into the Milford Haven Inner waterbody of the Pembrokeshire Marine Special Area of Conservation (SAC) “where features are known to be in unfavourable condition due to current evidence of both chemical and biological failure,” an issue, based on Natural Resources Wales guidance that is affecting many developments that have foul water drainage.
Pembrokeshire County Council recently backed sending a letter to the First Minister, conveying the authority’s “great concern over Natural Resources Wales’ recent river nitrates guidance,” which has “essentially placed a moratorium on certain types of development in Pembrokeshire”.
It says the area which development is required to demonstrate nitrogen neutrality is approximately 75 per cent of the county, including Haverfordwest, Narberth, Pembroke and Pembroke Dock, and amounts to approximately 35 per cent of the council’s future housing land supply.

Speaking at the meeting, agent Richard Banks said there had been no neighbour objections to the scheme, the building having already been on-site used as an annexe for family members for some two years.
He said the potential to use the existing facility for 365 days a year meant there was unlikely to be an increase in foul water drainage to the SAC.
Councillor Alec Cormack, who moved the recommendation of refusal, said: “My sympathy is with the applicant, and any applicant affected by this regulation.”
Officers also expressed sympathy to the applicant, but stressed the scheme, as a material change of use, brought in the need to comply with the NRW guidance, adding the scheme would, on the information presented, likely have an impact on the SAC through an increase in nitrates.
Members voted 11 to one in favour of refusal.
Cllr Alan Dennison expressed his sympathy the applicant was “just caught up in this farce regarding nutrients,” with committee chair Cllr Mark Carter stressing there was a need to find a solution to the ongoing issue: “I’m very sorry for all these people, these agents, these applicants, these builders, caught up in this.”
A nearby housing scheme for 50 homes on land near Gibbas Way, Pembroke was recently refused in part due to the ongoing nitrates issue.
Business
Big decision made on new 52-home Roch housing development
AMENDMENTS to a 52-home scheme in Pembrokeshire, which will provide just four affordable homes due to financial viability concerns, are critical for its delivery in a “stagnant housing market,” councillors heard.
In an application recommended for approval at the January meeting of Pembrokeshire County council’s planning committee, Wakefield Developments Pembrokeshire Ltd sought permission for amendments to a previously-granted scheme for a development of 52 homes on land east of Pilgrims Way, Roch.
The £10m mixed units scheme, granted back in 2024, had drawn concerns that only four affordable units would be provided against a 20 per cent requirement, the developer citing viability reasons for the low number.
Amendments proposed to that scheme included a change in some of the house types, including from apartment arrangement to semidetached town houses, changes to some of the sizing, repositioning of some units, an embankment being replaced by a footpath, and a substation being introduced to serve the new housing estate’s electricity supply.
A report for members accompanying the application said: “As previously accepted and again assessed by virtue of [a valuation] the proposed development is not fully policy compliant, insofar as it cannot deliver the indicative 20 per cent affordable housing sought [by policy].
“However, a substantial positive social impact will arise through the provision of housing, including four one-bed affordable housing units, in meeting identified needs for both market and affordable housing.
“Furthermore, financial obligations as agreed and secured by the extant parent application towards the mitigation of adverse impacts in relation to education and highways, remain as being essential to ensuring that the development is acceptable in planning terms and remain unchanged by this S73 application.”
18 objections to the original scheme were received, raising concerns including an “inadequate” affordable housing level, it being a high-density development for a rural area, a loss of green space, the size of some of the homes, and pressures on existing services and facilities, and fears it may lead to an increase in second homes.
Nolton & Roch Community Land Trust had raised its concerns about a lack of affordable homes at the development, calling for a 20 per cent affordable homes element, as recommended by policy.
Speaking at the January 2026 meeting, agent Gethin Beynon welcomed the recommendation of approval, saying the amendments were critical for the delivery of the development, improving its saleability “in what is a stagnant housing market”.
He said the developers were still building 52 units, in what was “one of the very few new housing developments of this scale in Pembrokeshire” due to limitations placed by the ongoing nitrates issue.
Local member Cllr Nick Neumann said the local community council was supportive of the scheme, with the new housing helping the viability of the local school; Cllr Brian Hall later moving approval of the amendments.
The latest application was backed by 11 votes to one.
Business
Cresswell Quay potato farm allowed to keep holiday let
A CALL to allow a 600-acre Pembrokeshire potato farm to keep a holiday let erected “in innocence” without permission, which is said to be essential for supporting the business, has been approved.
In an application recommended for approval at the January 13 meeting of Pembrokeshire County council’s planning committee, Mr and Mrs I and F Elliot sought permission for the continued use of a mobile unit with a veranda as tourist accommodation at Cresswell Barn Farm, Cresswell Quay.
Cresswell Barn Farm supplies potatoes to Welsh supermarkets and the site has a certified campsite.
The application was before the committee rather than being delegated for an officer decision as it was recommended for approval, subject to the completion of a Section 106 legal agreement essentially keeping it for holiday use only, despite being in conflict with the development plan and was made by a close family member of an officer in the planning service.

An officer report accompanying the application said an enforcement investigation was started way back in 2012 following a claim a caravan was located at the site and was being used for residential purposes.
That was closed in 2023; a 2022 investigation taking place after an allegation a structure on-site was being used for holiday letting.
A 2023 certificate of lawfulness application was made to regularise the breach of planning, saying the unit had been used for residential purposes for more than a decade, but insufficient information was provided to allow it, the report said.

An appeal against this was later made to Planning and Environment Decisions Wales (PEDW) but was withdrawn by the applicant.
It said the enforcement action was ongoing, leading to the formal planning application.
Of the site itself, the report said: “The agent has confirmed that due to many variables, there is no typical year for the enterprise in terms of profitability and that the income generated from tourist related activities at the farm, is critical to the farming enterprise. The high-quality holiday unit therefore provides an additional income stream for the farming enterprise.”

It added: “The holiday unit is located adjacent to buildings that make up the farm complex, with the accommodation offering guests an immersive rural experience that introduces them to aspects of the rural economy.
“Information submitted in support of this application confirms that the income from the holiday uses at the site is critical to supplementing the potato farming enterprise.”
Speaking at the meeting, Fiona Elliot said the holiday let was a small-scale part of the wider farm complex; the building having been on-site for some 15 years, the applicants more recently “in innocence” using it as a holiday let, which visitors have described as “five-star,” not realising they needed planning permission.
Following a call by Cllr Brian Hall to back the officer recommendation of conditional approval, members unanimously supported that.
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