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.
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.
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.
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.
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.
The Welsh Government launches Basic Income pilot scheme
FROM 1 July 2022, more than 500 people leaving care in Wales will be offered £1600 each month (before tax) for two years to support them as they make the transition to adult life.
Launched by First Minister Mark Drakeford, it is hoped the pilot will set care leavers on a path to live healthy, happy and fulfilling lives.
The radical approach has trust, autonomy and respect at its centre. It will provide independence and security to people who have faced immense challenges during their childhood, giving them greater control and empowering them to make decisions about their future.
The £20 million pilot, which will run for three years, will be evaluated to carefully examine its effect on the lives of those involved
Social Justice Minister Jane Hutt said the scheme is a direct investment in the lives and futures of some of Wales’ most vulnerable young people.
Those taking part in the pilot will also receive individual advice and support to help them manage their finances and develop their financial and budgeting skills.
Local authorities will play a key role in supporting them throughout the pilot. Voices from Care Cymru will also work with the young people to give them advice on wellbeing, education, employment and help them plan their future after the pilot.
To launch the scheme, First Minister Mark Drakeford, Social Justice Minister Jane Hutt and Deputy Minister for Social Services Julie Morgan met with people taking part in the pilot, and young people who themselves have been in care, to talk about the impact this support will have on peoples’ lives.
They discussed how they hope the financial stability will give people the opportunity to make positive life choices as they leave care and provide a more solid foundation from which to build their adult lives.
First Minister Mark Drakeford said: “We want all our young people to have the best possible chance in life and fulfil their full potential. The state is the guardian of people leaving care and so has a real obligation to support them as they start their adult life.
“Our focus will be on opening up their world to all its possibilities and create an independence from services as their lives develop.
“Many of those involved in this pilot don’t have the support lots of people – myself included – have been lucky enough to enjoy as we started out on our path to adulthood.
“Our radical initiative will not only improve the lives of those taking part in the pilot, but will reap rewards for the rest of Welsh society. If we succeed in what we are attempting today this will be just the first step in what could be a journey that benefits generations to come.”
Minister for Social Justice Jane Hutt said: “We’re in the midst of a cost-of-living crisis like no other and we therefore need new ways of supporting people who are most in need.
“Our Basic Income pilot is an incredibly exciting project giving financial stability to a generation of young people. Too many people leaving care face huge barriers to achieving their hopes and ambitions; such as problems with getting a safe and stable home, to securing a job and building a fulfilling career. This scheme will help people live a life free of such barriers and limitations.
“We will carefully evaluate the lessons learnt from the pilot. Listening to everyone who takes part will be crucial in determining the success of this globally ambitious project. We will examine whether Basic Income is an efficient way to support society’s most vulnerable and not only benefit the individual, but wider society too.”
Tiff Evans of Voices from Care Cymru, speaking on behalf of young people who have experienced care, said: “This is a brilliant opportunity for care leavers in Wales. It is good to see that care leavers in Wales are being thought of and Welsh Government are providing this opportunity for them as young people to become responsible, control some parts of their lives and have a chance to thrive and be financially independent.
“We thank Welsh Government for investing in them and their future and we look forward to other changes and developments for care experienced young people in Wales in order for them to reach life aspirations.”
Boris Johnson, his wife and chancellor Rishi Sunak to be fined for breaking lockdown rules
THE PRIME MINISTER Boris Johnson and his wife Carrie, and chancellor Rishi Sunak, have been notified that they will be issued with fines for breaking lockdown rules.
The fixed penalty notices are the result of a Metropolitan Police investigation into parties in Downing Street and Whitehall in 2020 and 2021.
Mr Johnson will become the first sitting prime minister to receive a punishment for breaking the law.
Labour immediately called for both the PM and chancellor to resign while Liberal Democrat leader Sir Ed Davey called for parliament to be recalled for a vote of confidence in Mr Johnson.
Scotland’s first minister Nicola Sturgeon also demanded that they should quit.
Those calls have been echoed this week by Welsh Liberal Democrat Leader Jane Dodds has called on the Welsh Conservative Leader Andrew RT Davies and Welsh Secretary Simon Hart to “show a backbone” and call for Boris Johnson and Rishi Sunak to resign following the news that both men are to be fined over lockdown parties.
Commenting Jane Dodds MS told The Herald: “Boris Johnson & Rishi Sunak have broken the law & repeatedly lied, they must resign from their positions at once.
“While people in Wales were playing by the rules at great personal expense, those in charge thought they were above the law.
“This also will come as a painful blow to all those covid bereaved families in Wales. The behavior of Johnson and Sunak
“The Welsh public deserves much better. For the sake of the country, both Boris Johnson and Rishi Sunak must resign immediately.
“If the Conservative Party is to have any legitimacy in Wales Andrew RT Davies and Simon Hart need to show some backbone and be calling for resignations immediately. No Welsh Conservative MP should be backing the Chancellor or Prime Minister staying in post.”
Removing Plan B rules ‘a headline to distract from Boris failings’ says Drakeford
FIRST MINISTER Mark Drakeford has said the decision to end “Plan B” restrictions in England next week is not part of a “careful, long-term plan” but it’s a “headline to distract people’s attention from the Prime Minister’s failings.”
Wales will complete the move to alert level zero on 28 January First Minister Mark Drakeford has confirmed unless the public health situation changes for the worse.
He said the phased plan to gradually relax the alert level two measures and move back to alert level zero will continue.
The Welsh Conservatives have called for the immediate removal of the vaccine passport scheme, restrictions on businesses such as the rule of six in pubs, ditch all social distancing and the removal of mandatory face masks in schools.
Critics have questioned the Welsh Government policy to ease restrictions at a slower pace than England.
Boris Johnson announced earlier this week that England’s Plan B measures are to end from next Thursday, with mandatory face coverings in public places and Covid passports both dropped.
But that announcement came as the Prime Minister faced mounting pressure to resign amid allegations of parties held at Number 10 during lockdown.
Mark Drakeford said the move in England to ditch those restrictions was not part of a carefully thought-out plan, speaking to BBC Radio Wales he said:
“I don’t think anybody watching objectively at what has happened in England could imagine that their decisions have been made by careful attention to public health advice and with some sort of long-term plan in place.”
“Their announcements this week are entirely due to the astonishing mess that they find themselves in and an effort to find some other headline to distract people’s attention from the Prime Minister’s failings.”
Mr Drakeford said: “Here in Wales we’re in a very different position, we’ve got a government that is capable of making decisions in line with the advice, to do things in the way we’ve done throughout the pandemic, step by step following the science, making sure that we are keeping people in Wales safe.”
Speaking to Sky News this morning, Mark Drakeford said it was “very hard to see how the Prime Minister survives.”
“Even if he were to survive, he will just limp on because he’s never going to escape the damage that this week has done to his reputation.”
“From my point of view, the thing that worries me the most is the fact that the UK Government is frozen by the impact of what has happened to them.” He said.
WHAT’S HAPPENING IN WALES?
Welsh Government have said the latest public health data “suggests Wales has passed the peak of the omicron wave and coronavirus cases are falling back to levels similar to those seen earlier in the autumn” adding “There have also been reductions in the number of Covid-19 patients in hospital”.
From Friday 21st January, Wales will move to alert level zero for all outdoor activities.
- Crowds will be able to return to outdoor sporting events.
- There will be no limits on the number of people who can take part in outdoor activities and events.
- Outdoor hospitality will be able to operate without the additional measures required introduced in December, such as the rule of six and 2m social distancing
- The Covid Pass will continue to be required for entry to larger outdoor events attended by more than 4,000 people, if unseated, or 10,000 people when seated.
- The Covid Pass is required in all cinemas, theatres and concert halls which are currently open.
First Minister Mark Drakeford said: “The latest figures show we have passed the omicron peak and we can continue to lift the alert level two protections as part of our careful and phased plan.
“We will lift the limits on the number of people who can gather for outdoor events. We remain cautiously confident the public health situation is heading in the right direction and next week we will be able to complete the move to alert level zero unless the situation changes for the worse.
“We are in this position thanks to the efforts of everyone in Wales and our fantastic vaccination programme. It is important that everyone continues to follow the rules and the guidance to help keep themselves and their loved ones safe, including taking up the offer of a booster vaccine if they haven’t already done so.”
On Friday 28th January, Wales will complete the move to alert level zero.
- Nightclubs will re-open.
- Businesses, employers, and other organisations must continue to undertake a specific coronavirus risk assessment and take reasonable measures to minimise the spread of coronavirus.
- The general requirement of 2m social distancing in all premises open to the public and workplaces will be removed.
- The rule of six will no longer apply to gatherings in regulated premises, such as hospitality, cinemas, and theatres.
- Licensed premises will no longer need to only provide table service and collect contact details.
- Working from home will remain part of advice from the Welsh Government but it will no longer be a legal requirement.
- The Covid Pass will continue to be required to enter larger indoor events, nightclubs, cinemas, theatres, and concert halls.
The self-isolation rules for everyone who tests positive for Covid and the face-covering rules, which apply in most public indoor places will remain in force after 28th January. The next three-weekly review of the coronavirus regulations will be carried out by 10th February, when the Welsh Government will review all the measures at alert level zero.
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