Agenda item

To submit a joint report by the Assistant Chief Executive – Partnerships, Community and Service Improvement and the Head of Regulation and Economic Development as presented to the Executive on 27^th November, 2017.

Submitted – a joint report by the Assistant Chief Executive (Partnerships, Community & Service Improvement) and the Head of Regulation and Economic Development as presented to the Executive on 27^th November, 2017.

The Portfolio Holder (Major Projects & Economic Development) gave a background report on the delegation required for the Council’s participation in the examination of the Wylfa Newydd and North Wales Connection Project which will require a Development Consent Order (DCO) from the Secretary of State for Business, Energy and Industrial Strategy on the recommendation of the Planning Inspectorate.

The following questions were raised by Members :-

·           Councillor Nicola Roberts questioned whether there where examples of statutory and non-statutory requirements of this project.  The Head of Regulation and Economic Development responded that Officers had collaborated closely with individuals involved with the consenting processes for the Hinkley Point C development in Somerset to take advantage of their experiences and knowledge. He noted that once the Examination process commences, issues will move swiftly with Officers having only days to response to matters raised at the Inquiry.  He further said that Officers (on behalf of the County Council) may also wish to respond to questions submitted by other organisations.  He also noted that a draft DCO and Section 106 legal agreement will be discussed with the full Council thereafter.

·           Councillor Aled M Jones expressed that he would have expected more specific examples within the report as regard to documentation that will be addressed within the DCO process.  Whilst accepting that matters within the Enquiry will need to be addressed and responded to urgently; he questioned as to whether Officers or Elected Members were given delegated authority to deal with documentation during the Hinkley Point C development.  The Portfolio Holder (Major Projects & Economic Development) responded that such a scheme of delegation needs to be established within this Council which is similar to the experiences of the Hinkey Point C development.  He noted that this Council was fortunate that the Staff within the Regulation & Economic Development Service are experienced but the Elected Members will continue to have the decision making powers. Councillor Aled M Jones gave an example as regard to the possible scenario that the National Grid may offer i.e. to underground the power line in one area and not in others; therefore would the authorisation to make such a decision be for an Officer to decide. Councillor Jones considered that this was unfair and unacceptable and should be a political decision. 

The Monitoring Officer referred to the Local Government Act 1972, Section 101, Paragraph 1 (a)(b) which is relevant to the delegation of authority to Officers as regard to this matter ‘ …..  local authority may arrange for the discharge of any of their functions by an Officer of the Local Authority or by a Committee or Sub-Committee.’  She said that delegated power may not be discharged to one Elected Member although it could be delegated to a Committee or Sub-Committee but this would not overcome the issue of urgency/timing as it would still take a week to call a Committee.

The Head of Regulation and Economic Development said that during the consenting process Hickley Point C, a Mr Andrew Goodchild was leading the process on behalf of the local authorities in Somerset.  He suggested that Mr Goodchild could be invited to attend a Members Briefing Session in the future to explain his experiences.  Members agreed to ask Mr Goodchild to attend a Members Briefing Session.

·           Councillor K P Hughes questioned whether Welsh Government had a role within the DCO process.  The Portfolio Holder (Economic Development) responded that Welsh Government, Natural Resources Wales and the Local Authority would be the main stakeholders with regular meetings and dialogue taking place.  It was stressed that this Authority has an important role to play as it is the north of the Island and Anglesey that will be affected mostly by the Wylfa Newydd Project. 

It was RESOLVED :-

·      To delegate to the Assistant Chief Executive (Partnerships, Community and Service Improvement) in consultation with the Deputy Leader, the authority to carry out all non-statutory community benefit negotiations and, where (in her opinion) time is of the essence, to make any and all decisions relevant to such negotiations in connection with, or arising from, either or both of the National Grid North Wales Connection Project and the Wylfa Newydd Nuclear Build Project;

·      Departs from the bilingual policy for documents, representations and submissions made as part of the Development Consent Order process where it is important or where due to timescales it is impossible for Officers to comply with the Council’s Welsh Language Policy and where the Chief Executive approves such a departure.  To note however that all documentation will be made available in the Welsh language;

·      Delegates to the Head of Regulation and Economic Development in consultation with the Portfolio Member for Major Projects and Economic Development, the carrying out of all the statutory functions within the Council under the Planning Act 2008 as both Local Authority and Planning Authority in connection with or arising from either or both of the National Grid North Wales Connection Project and the Wylfa Newydd Nuclear New Build project;

·      Approves that both the delegations proposed above and any action to be taken under them may be further delegated to any Officer of the Council by the Officers to whom the powers are delegated.