News
Wales planning news, November 2023
30 Oct 2023|
Contents |
|||
|
|
|
|
||||||
|
01
|
||||||||
|
02
|
||||||||
|
03
|
||||||||
|
04
|
||||||||
|
05
|
||||||||
Headline news |
||
The Infrastructure (Wales) Bill was introduced before the Senedd in June and is currently at Committee Stage one. The Bill aims to reform how infrastructure is consented in Wales. It will establish a unified infrastructure consenting process called an Infrastructure Consent, for specified types of major infrastructure called Significant Infrastructure Projects (SIPs). These will include major energy, transport, waste, water and gas projects. The Infrastructure Consent will replace, a number of existing statutory regimes for the consenting of SIPs and will rationalise the number of authorisations required to construct and operate a SIP into a single consent. The aim is to create a ‘one-stop shop’ which the Welsh Government hopes will create a more transparent and consistent process for the public and developers. Once brought into effect, the Infrastructure Consent will replace the current Developments of National Significance process.
Whilst the purpose of the Bill – to streamline the consenting process for devolved infrastructure projects – is welcome, there are still a number of issues that need to be clarified. These include the need for clear Infrastructure Policy Statements (which are not proposed), clarity over how cross border grid projects are to be consented, transitional arrangements, and the capacity within PEDW to examine applications and make recommendations to the Welsh Ministers. The operational success of the new process will depend very significantly on these (and some other) matters being successfully resolved.
The Infrastructure (Wales) Bill
In March, the Welsh Government published The Environment (Air Quality and Soundscapes) (Wales) Bill. The aim of the Bill is described as ‘to bring forward measures that will contribute to improvements in the quality of the air environment in Wales and reduce the impacts of air pollution on human health, biodiversity, the natural environment and our economy’. The Bill covers the following topics and would:
- provide a framework for setting national air quality targets;
- amend existing legislation relating to the national air quality strategy, local air quality management, smoke control, trunk road charging schemes and vehicle idling;
- place a duty on Welsh Ministers to promote awareness of air pollution;
- place a duty on Welsh Ministers to publish a national soundscape strategy;
- give the Welsh Ministers a power to amend existing legislation relating to noise.
The Bill has passed through stage one in the Senedd and stage two committee consideration; it is now at stage three, consideration of amendments. Stage three will take place in Plenary on Tuesday 21 November 2023.
The Welsh Government has also published a consultation on the ‘Noise and Soundscape Plan for Wales 2023 to 2028’. The Plan builds on the Noise and Soundscapes Plan 2018 but covers new topics which have come to the fore in recent years. These include a consideration of increased remote working, aural diversity, air source heat pumps, changes in speed limits and fireworks. The updated plan also covers the progress the Welsh Government has made since 2018 and the progress made towards publishing and implementing a new Technical Advice Note (TAN 11) and related soundscape design guidance. The consultation concluded on 2 October 2023.
Welsh Government, Written Statement: Introduction of the Environment (Air Quality and Soundscapes) (Wales) Bill (20 March 2023)
Welsh Government Consultation, Noise and Soundscape Plan for Wales 2023-2028
An update to Planning Policy Wales with respect to biodiversity and ecological resilience has taken immediate effect. On 11 October, the Minister for Climate Change, Julie James AS/MS, wrote to the Local Authority Heads of Planning advising that policies relating to a Net Benefit for Biodiversity (NBB) and the Step-wise Approach (as well as green infrastructure, protection for SSSIs and trees and woodlands) will be included in the next iteration of PPW (version 12) programmed for later this year. However, to ensure momentum in fulfilling COP 15 obligations, Chapter 6 was updated with immediate effect.
The key changes include:
- A holistic, proactive and spatial approach to designing proposals to avoid biodiversity loss, provide a NBB and to protect and provide green infrastructure.
- A requirement for cross-local authority collaboration, especially where the provision of offsite compensatory land to address biodiversity loss and a NBB is needed.
- The introduction of green infrastructure assessments for plan-making and the requirement to submit a green infrastructure statement at application stage.
- Greater clarity on the step-wise approach to addressing climate impact, including that each stage of the step-wise approach must deliver enhancement and be accompanied by a long-term management plan.
- A presumption against development in statutory designated sites (i.e. SACs, SPAs, SSSIs) and development outside of designated sites that will cause them harm as a matter of principle.
The Historic Environment (Wales) Bill received Royal Assent on 14 June 2023. The Act brings together the principal legislation for the conservation of the historic environment in Wales. It is the first consolidated Act to be brought forward as part of the Welsh Government’s programme to make Welsh law more accessible.
It is organised into seven Parts:
- Part 1 provides an overview of the Act.
- Part 2 requires the Welsh Ministers to maintain the schedule of monuments that they consider to be of national importance.
- Part 3 requires the Welsh Ministers to list buildings that are, in their view, of special architectural or historic interest, and makes provision for the authorisation and control of works affecting listed buildings.
- Part 4 deals with conservation areas and provides for their designation as areas of special architectural or historic interest by planning authorities and their periodic review.
- Part 5 contains supplementary provisions relating to buildings of special interest and conservation areas. They cover matters such as the exercise of functions by planning authorities, proceedings before the Welsh Ministers and the validity and correction of decisions.
- Part 6 requires the Welsh Ministers to maintain and publish the register of historic parks and gardens. It also requires the Welsh Ministers to maintain a historic environment record for each of the 22 local authorities in Wales.
- Part 7 makes general provision relating to matters in the Act, such as service of documents, powers to require information, compensation and definitions and interpretation.
The Act has received Royal Assent but will not come into force until supporting secondary legislation has been made and guidance and administrative documents have been revised and updated to reflect its passage. It is expected that the Act will come into force in the latter part of 2024.
Legislation, Historic Environment (Wales) Act 2023
Cadw, Historic Environment Wales Act
The Welsh Government has published a ‘Town Centres Position Statement’ which sets out the key challenges facing Welsh town centres and presents a series of actions aimed at addressing the challenges. The Statement offers up a series of actions and activities to support the ‘Town Centre First Policy’: a policy position integrated across existing national planning documents that seeks to focus the delivery of new development within town centres. The Position Statement is discussed in greater detail in this blog.
Welsh Government, Town Centres Position Statement
|
|
The Lichfields perspective |
|
|
Whilst the purpose of the Bill – to streamline the consenting process for devolved infrastructure projects – is welcome, there are still a number of issues that need to be clarified. These include the need for clear Infrastructure Policy Statements (which are not proposed), clarity over how cross border grid projects are to be consented, transitional arrangements, and the capacity within PEDW to examine applications and make recommendations to the Welsh Ministers.
Simon Coop, Senior Director, on the the Infrastructure (Wales) Bill |
||
Disclaimer: This publication has been written in general terms and cannot be relied on to cover specific situations. We recommend that you obtain professional advice before acting or refraining from acting on any of the contents of this publication. Lichfields accepts no duty of care or liability for any loss occasioned to any person acting or refraining from acting as a result of any material in this publication. Lichfields is the trading name of Nathaniel Lichfield & Partners Limited. Registered in England, no.2778116