To receive the following Notices of Motion by Councillor Carwyn E Jones:-
(a) The Isle of Anglesey County Council considers that the Planning Act 2008 (PA2008), together with its secondary legislation and guidance including National Policy Statements, is out of date and not fit for purpose in Wales. The PA2008 does not take account of current Welsh legislation including the Well-being of Future Generations Act (2015) or the Active Travel (Wales) Act (2013).
In respect of overhead transmission lines, the Holford Rules (1959, amended in the 1990’s) and Horlock Rules (undated on National Grid’s website) are also considered to be significantly out of date and not compatible with current Welsh legislation.
Welsh local authorities are bound by the Well-being of Future Generations Act and Active Travel (Wales) Act. In terms of nationally significant infrastructure projects (NSIPs), this includes consideration of how projects are mitigated, either by s.106 agreement or planning requirement. Some elements of NSIPs, such as planning requirements will also need to be discharged by local authorities.
The Welsh legislation referred to above is likely to require significantly more mitigation than the ‘6 tests’ (see below) as it also relates to the well-being of future generations.
1. Necessary
2. Relevant to planning and;
3. To the development to be permitted;
4. Enforceable;
5. Precise and;
6. Reasonable in all other respects.
The Isle of Anglesey County Council therefore considers that the PA2008 and all necessary secondary legislation and guidance should be updated as a matter of urgency to ensure that Welsh local authorities are able to meet their statutory duties and to ensure that adequate mitigation is able to be delivered.
I ask that the Council agrees to this view and that a formal letter expressing the above should be sent on behalf of The Isle of Anglesey County Council to Rt Hon. James Brokenshire MP, Secretary of State for Housing, Communities and Local Government, who has overall responsibility for the Planning Act 2008. A copy of the letter will also be sent to:
RtHon. Greg Clark MP (BEIS)
RtHon. Alun Cairns MP
First Minister Carwyn Jones
Lesley Griffiths AM
Albert Owen MP
Rhun Ap Iorwerth AM
(b) Background
The lack of detailed information provided thus far by the National Grid on its proposed North Wales connection means that the Council is not in a position to fully understand the full impacts of the development on Anglesey, its communities and its environment. For example, the Council is concerned that the local community around the proposed Tunnel Head building (including Llanfairpwll and Llandaniel Fab) has not been provided with the required information to be able to fully appreciate the scale of HGV and other vehicle movements in the area, or the proposal to close Rhonwy Bridge – despite the fact that the Council has requested further information.
The Isle of Anglesey County Council notes the comments made by the National Grid in its Statement of Community Consultation, paragraphs 3.5-3.6, which places great emphasis on engaging with, and seeking the opinions of people who live in close proximity to the proposals and who could be affected by the development either permanently or temporarily during the construction work.
The lack of
detailed information means that neither the
Council, the stakeholders nor the affected community and residents
have been able to come to an informed opinion on the likely effects
of the development, the range of planning requirements or
the mitigation measures required to reduce the effects of the plan
to an acceptable level.
Previously, National Grid senior officers attended briefing sessions for elected members in the Council Chamber. We now understand that they have refused requests to attend another formal briefing session with elected members in order to answer questions.
Proposal
1. Therefore the Council requests that National Grid urgently provides the additional information required and holds an additional consultation cycle with key stakeholders and the affected community in order that each impact, including the cumulative effects and the detailed mitigation proposals can be considered before the formal submission of the application to the Planning Inspectorate.
2. The Council requests the Chief Executive of the National Grid to attend a briefing session and to update the elected members of the Isle of Anglesey County Council and to respond to their questions on the project.
Minutes:
Submitted – the following Notices of Motion by Councillor Carwyn E Jones:-
(a) The Isle of Anglesey County Council considers that the Planning Act 2008 (PA2008), together with its secondary legislation and guidance including National Policy Statements, is out of date and not fit for purpose in Wales. The PA2008 does not take account of current Welsh legislation including the Well-being of Future Generations Act (2015) or the Active Travel (Wales) Act (2013).
In respect of overhead transmission lines, the Holford Rules (1959, amended in the 1990’s) and Horlock Rules (undated on National Grid’s website) are also considered to be significantly out of date and not compatible with current Welsh legislation.
Welsh local authorities are bound by the Well-being of Future Generations Act and Active Travel (Wales) Act. In terms of nationally significant infrastructure projects (NSIPs), this includes consideration of how projects are mitigated, either by s.106 agreement or planning requirement. Some elements of NSIPs, such as planning requirements will also need to be discharged by local authorities.
The Welsh legislation referred to above is likely to require significantly more mitigation than the ‘6 tests’ (see below) as it also relates to the well-being of future generations.
1. Necessary
2. Relevant to planning and;
3. To the development to be permitted;
4. Enforceable;
5. Precise and;
6. Reasonable in all other respects.
The Isle of Anglesey County Council therefore considers that the PA2008 and all necessary secondary legislation and guidance should be updated as a matter of urgency to ensure that Welsh local authorities are able to meet their statutory duties and to ensure that adequate mitigation is able to be delivered.
I ask that the Council agrees to this view and that a formal letter expressing the above should be sent on behalf of The Isle of Anglesey County Council to Rt Hon. James Brokenshire MP, Secretary of State for Housing, Communities and Local Government, who has overall responsibility for the Planning Act 2008. A copy of the letter will also be sent to:
Rt Hon. Greg Clark MP (BEIS)
Rt Hon. Alun Cairns MP
First Minister Carwyn Jones
Lesley Griffiths AM
Albert Owen MP
Rhun Ap Iorwerth AM
(b) Background
The lack of detailed information provided thus far by the National Grid on its proposed North Wales connection means that the Council is not in a position to fully understand the full impacts of the development on Anglesey, its communities and its environment. For example, the Council is concerned that the local community around the proposed Tunnel Head building (including Llanfairpwll and Llandaniel Fab) has not been provided with the required information to be able to fully appreciate the scale of HGV and other vehicle movements in the area, or the proposal to close Rhonwy Bridge – despite the fact that the Council has requested further information.
The Isle of Anglesey County Council notes the comments made by the National Grid in its Statement of Community Consultation, paragraphs 3.5-3.6, which places great emphasis on engaging with, and seeking the opinions of people who live in close proximity to the proposals and who could be affected by the development either permanently or temporarily during the construction work.
The lack of
detailed information means that neither the
Council, the stakeholders nor the affected community and residents
have been able to come to an informed opinion on the likely effects
of the development, the range of planning requirements or
the mitigation measures required to reduce the effects of the plan
to an acceptable level.
Previously, National Grid senior officers attended briefing sessions for elected members in the Council Chamber. We now understand that they have refused requests to attend another formal briefing session with elected members in order to answer questions.
Proposal
1. Therefore the Council requests that National Grid urgently provides the additional information required and holds an additional consultation cycle with key stakeholders and the affected community in order that each impact, including the cumulative effects and the detailed mitigation proposals can be considered before the formal submission of the application to the Planning Inspectorate.
2. The Council requests the Chief Executive of the National Grid to attend a briefing session and to update the elected members of the Isle of Anglesey County Council and to respond to their questions on the project.”
Councillor Richard A Dew seconded the motion.
Councillor Carwyn Jones referred to part (a) of his motion and said the National Grid conforms to the National Planning Act 2008 (PA2008) and any profit made goes to the UK Parliament. The PA2008 does not take account of current Welsh legislation included within the Well-being of Future Generations Act (2015) or the Active Travel (Wales) Act (2013) and it does not condone taking any profit made away from local communities and to make sure that strong local communities are able to flourish. The Holford Rules (1959, amended in the 1990’s) and Horlock Rules (undated on National Grid’s website) are also considered to be significantly out of date and not compatible with current Welsh legislation.
Councillor Aled M Jones said that maybe the motion put forward does not go far enough and that it is The Supreme Court in London that takes decisions on legal jurisdictions. He said that there is conflict in Wales between the Wellbeing of Future Generations Act and the National Planning Act 2008 and it will be The Supreme Court that will have to decide as to which Act is primary legislation. He considered that legal advice be sought as to whether this Authority or Welsh Government should go to The Supreme Court due to these two conflicting legislation. Councillor Carwyn Jones responded that he will discuss the matter with relevant Officers of the Council. He said the Development Consent Order (DCO) will be submitted later on this year as regard to Wylfa Newydd and this Authority will need to respond if the consultation has been relevant and as to whether the opinion of The Supreme Court needs to be undertaken.
The Head of Economic Development and Regulation said that legal advice has been sought as regard to this matter and the advice received has been that the Secretary of State for Business, Energy and Industrial Strategy is able to take a decision as to the weighting given to Welsh Government’s legislation. The Secretary of State can decide to ignore the Welsh Government’s legislation or he can decide that they are immensely important and relevant. He noted that The Supreme Court would be the end of the matter.
Councillor Aled M Jones said that there is an avenue for appeal therefore to the Authority; the National Grid needs to understand that this Authority will go to The Supreme Court to make sure that residents of the local communities affected by proposed erection of pylons are safeguarded.
In the ensuring vote it was RESOLVED that the motion at (a) above be carried.
Councillor Carwyn Jones referred to part (b) of his notice of motion and said that the opinion of the Council and the residents of Anglesey has been consistent that the proposed power lines across the Island need to be undergrounded. He expressed that the National Grid is not listening to the opinion of this Council and the local communities. The lack of detailed information provided by the National Grid on its proposed North Wales connection means that this Authority is not in a position to fully understand the full impacts of the development on the Island. He further said that this Authority must responded to the Planning Inspectorate within two weeks when the DCO is submitted and report as to whether National Grid has consulted properly to this Authority and its residents as regard to this matter. Councillor Jones expressed that representatives from the National Grid has not attended any meeting or elected members briefing session with this Authority for over two years; the newly elected members have not been given an opportunity to be able to raise questions and express an opinion as regard to this matter with the National Grid. He said that residents including the Llanfairpwll and Llanddaniel Fab communities have not been provided with the required information as to the proposed Tunnel Head near Bryn Celli Ddu, the prehistoric site nor the proposal to close Rhonwy Bridge despite that this Council has requested details of the propose works. Councillor Jones said that the scale of earth excavation and the scale of heavy vehicle movement in the area will be immense. No detailed information has been given by National Grid as to whether the soil and rocks from the excavation will be on this side of the Menai Straits. National Grid has only responded that they ‘reserve our opinion’; he questioned as to how this Authority may plan mitigation measures without having definite dialogue with National Grid. He further referred to the effect on countryside lanes due to heavy machinery if National Grid erects a track across the Island to carry out work on the electricity pylons. He said that plans are being drawn by Welsh Government for a third bridge over the Menai Straits and National Grid are proposing a tunnel under the Straits which will contain cables linking Wylfa Newydd to the Grid at a cost of over £200m.
Councillor Jones further said that there has been a delay in the DCO as regard to Wylfa Newydd and therefore there is an opportunity for National Grid to hold an additional consultation period with key stakeholders and the affected communities in order that each impact, cumulative effects and the details of mitigation proposals can be considered before the formal submission of the application to the Planning Inspectorate.
Councillor Dafydd Roberts said that a railway line is near the proposed Tunnel Head near Llanddaniel Fab and questioned whether National Grid has considered a railway siding to mitigate the need to carry millions of tonnes of rubble and rocks near this location site. He expressed that these are the sort of issues that needs to be discussed with the National Grid and Elected Members.
Councillor Aled M Jones said that this Authority must continue to campaign for the undergrounding of the electricity cables across the Island. He said that the effects on local communities will be immense and especially the resident of the North of the Island with heavy vehicles travelling on minor country lanes.
Councillor Lewis Davies questioned as to the costs associated with undergrounding the electricity cables across the Island and across the Menai Straits at the detriment of local communities compared to undergrounding the cables on the seabed towards Merseyside and Deeside. The Head of Economic Development and Regulation responded that National Grid has not afforded costs associated with different options of undergrounding cabling but it is understood that there are technical risks associated with taking cables on the seabed as such an operation has not been undertaken in association with a nuclear facility.
In the ensuring vote it was RESOLVED that the motion at (b) above be carried.