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 toacquire
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