3. Will the Cabinet Secretary make a statement on improving the planning system in Wales? OAQ51919

Thank you. Building on the improvements to the planning system introduced through the Planning (Wales) Act 2015, I am currently consulting on a revised 'Planning Policy Wales' and undertaking preparatory work for the national development framework. I also look forward to receiving the recommendations of the Law Commission to simplify and consolidate planning legislation.

Thank you, Cabinet Secretary, for that answer. One of the things that has happened in other parts of the United Kingdom via the planning system is a greater allowance under permitted development rights. One of the bottlenecks that I see in local authorities is just the sheer volume of applications that come before many local authorities and their inability to process them in a timely manner. This has huge economic repercussions, not just for the rural economy, but for the urban economy as well.

Has the Cabinet Secretary or her officials made any assessment of relaxing some of the controls around permitted development rights that have been undertaken in other parts of the United Kingdom to help economic development and help get some of the applications that really shouldn’t be in the planning system blocking up planning departments the length and breadth of Wales?

It is something, certainly, that my officials have been—. I think they’ve probably met with every planning official in each local authority across Wales to discuss this. We are generally concerned about the capacity of our planning departments across, not just local authorities, but obviously the three national parks too. So, I do think we have to look at everything we can to make it easier, because, as you say, it’s really important for the economy.

Cabinet Secretary, the pre-planning application process allows many developers the opportunity to actually meet the local authority officers to ensure that they develop the application and to meet the needs of both the local authority and themselves. Now, I appreciate that the local authorities are very limited in their resources, and we often see it as a small number of staff. However, this therefore means that on many occasions, officers who are actually supporting the developers in that pre-application process are also making the recommendations on that application. Now, surely it’s a conflict of interest, so what’s the Welsh Government doing to ensure that no such conflict can arise when planning officers make those suggestions to the applicants but also could be ending up making the recommendations, or decisions even, on applications?

Thank you. Decisions on planning applications must be made, obviously, in accordance with the local development plan, unless material considerations indicate otherwise. Therefore, any pre-application advice has to be based on the authority's established policies and should provide consistency in advice given. 

Final decisions on applications are either taken by the planning committee or they're obviously signed off by senior officers. So, an oversight is achieved. Authorities should also have procedures in place to ensure that where an officer has a personal interest in an application, as you referred to, they do not determine that application.

What consideration has the Cabinet Secretary given to the extent to which the planning system can be used to ensure that commercial developments come to fruition and deliver on the promises of work and economic benefits made before planning permission was given?

Well, I think I answered that point in my original answer to the leader of the opposition.

I think it's very important that our planning system is simplified and consolidated in a way that would help that to happen. I don't think it is at the moment, and that's why I'm undertaking the review of 'Planning Policy Wales', and, also, the Law Commission are looking at it for us too.

I've recently been in correspondence with you on planning issues around a development that's very significant in the mid and west region at the moment, which is the expansion of poultry units. We've seen a lot of applications coming in for free-range poultry. It's a response to the market; it's a response, partly, to Brexit, I think. It's something about the industry preparing itself for the future. So, there's no problem with that, but the planning rules around these units do seem to be rather rooted in the past, because we haven't dealt with such a large number before. Natural Resources Wales say that they don't make any remarks around planning applications around these units if they are not intensive farming, but, in fact, free-range poultry can be as polluting, or potentially as polluting, as intensive poultry; it's the nature of the way the hens are kept, particularly when they're indoors. So, are you absolutely sure that the current planning regime for free-range and other poultry units is fit for purpose?

You're absolutely right in saying that we are seeing an increase in the number of poultry units going through the planning system and are coming to fruition. And I do think it is about farmers diversifying and, certainly, I think Brexit is having an impact on this.

This is an area that I've actually asked for some advice on, because there was one up in north-east Wales, actually—not in my constituency—where I received a significant amount of correspondence, just absolutely pointing out that it can be much more intensive than some types of agriculture. So, the short answer is 'No, I'm not', but I am looking for some advice around that to make sure that it is fit for purpose, and I'd be very happy to write to the Member once I've had that advice.FootnoteLink

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