Consultation on the General Principles of the Planning (Wales)
Bill
This response is from Keith Jones,
Director
Organisation: Institution of Civil Engineers Wales
Cymru
email / telephone number: Keith.jones@ice.org.uk/ 029 2063 0561
Address:
Floor 2, Cambrian Buildings,
Mount Stuart Square, Cardiff CF10 5FL
1.
The Planning (Wales) Bill ('The Bill') contains a set
of provisions intended to provide a modern legislative framework
for the operation of the planning system to make it fit for purpose
in the 21st century. Subject only to the following
reservations it is accepted that it represents an improvement to
the current planning legislation.
2.
Whilst the proposal to establish a National
Development Framework to replace the Wales Spatial Plan is sound,
the continuing status of the current and proposed Local Development
Plans, which may well not be in accord with this framework and
which have differing periods of validity, has not been
addressed.
3.
The introduction of Strategic Development Plans,
Strategic Planning Areas and associated Strategic Planning Panels
with panel members in part nominated and thereby appointed by the
Welsh Ministers is a backward step from normal democratic
accountability.
4.
Where a blight notice has been served in respect of
land falling within paragraph 1C of Schedule 13, the Bill states that
Welsh Ministers have power to acquire compulsorily any interest in the land in
pursuance of the blight notice served by virtue of that paragraph.
This is insufficient; the power should require acquisition of land
affected in this way.
5.
'The requirement that the applicant must publicise the
proposed application in such manner as the applicant reasonably
considers likely to bring it to the attention of a majority of the
persons who own or occupy premises in the vicinity of the land' is
not sufficiently well defined to avoid subsequent dispute from any
person not so consulted.
6.
It is appropriate that applications for developments of
national significance should be determined by the Welsh Ministers,
but there is an anomaly in that the decision of the Welsh Ministers
on a secondary such application is final. This appears to be an
inconsistency, as both levels of decision should be capable of
appeal.
7.
There is also an option to refer applications to the Welsh
Ministers for a decision on applications which are not of national
significance. Again the decision of the Welsh Ministers on such
applications is declared to be final. These decisions should also
be capable of appeal.
8.
There is no requirement within the Bill for Welsh
Ministers to advertise when they will hold meetings to consider
planning applications so that affected members of the public may
also attend. The public should be able to witness these discussions
and decisions on planning applications made by the Welsh Ministers
and they should also be able to make representation. This is a
significant omission from the Bill and one which represents a
considerable democratic deficiency.
9.
The opportunity to avoid duplication by retaining the
power of the National Park Authorities to act as Local Planning
Authorities has not been taken. This is a wasted opportunity to
create uniformity across Wales and to avoid an
anomaly.
10. The general impression to be gained from this Bill is
one of increased centralism coupled with a reduction in power of
local planning authorities. In the absence of the right of appeal
to decisions made by the Welsh Ministers, they will be seen to be
acting autocratically. The National Assembly for Wales is a
democratically elected institution. It would be wrong for it to
loose sight of its accountability to the public in this
way.
Notes:
§
The Institution of Civil Engineers (ICE) was founded
in 1818 to ensure professionalism in civil engineering.
It represents over 84,000 civil engineers in the UK and across the
globe and has over 3500 members in Wales.
§
ICE has long worked with the government of the day to
help it to achieve its objectives, and has worked with industry to
ensure that construction and civil engineering remain major
contributors to the UK economy and UK exports.
§ For further information visit: www.ice.org.uk and
www.ice.org.uk/wales