5. What steps is the Welsh Government taking to ensure that developers keep to planning obligations? OAQ53468

A planning obligation is a legally binding private contract between a developer and a local planning authority. The adherence of a developer to such an agreement is therefore not a matter for the Welsh Government.

Well, I disagree with that because there are regular examples now of cases where developers, even once they’ve been given planning consent, refuse to provide the necessary percentage of affordable homes that they have agreed to provide as part of the planning conditions, and the reason, very often, is because they can’t make sufficient profit. Now, if there isn’t a requirement for them to stick to that clause come what may, then why include it in the first place? So, what are you going to do as a Government—and not wash your hands of this issue, because it’s a national problem—to assist local authorities in ensuring that clauses such as this, which designate the number of affordable houses required, are actually respected and delivered by developers?

I hear what the Member's saying. When planning obligations are negotiated by local authorities and developers—and they represent important conditions, including conditions that many of us in this Chamber are in favour of—it's important that the developer protects that in the public interest. Like I said previously, if the public have been following a particular planning application with a particular expectation, they have a right to expect those obligations are adhered to, and I am aware, as you say, of developers seeking to renegotiate some of those planning applications after consent to develop has been gained. I know that's something that my colleague the Minister for Housing and Local Government is acutely aware of, and she's looking into the situation.

Deputy Minister, I'd be grateful if you could clarify for me how much progress you are making in actually getting to the decision about the environmental impact assessment that is required for the Barry biomass boiler. It is an obligation that you were minded to support. Obligations play both ways—both placed by planning authorities on developers, but where Government has obviously indicated their desire to implement something, then surely a 13-month period is significant time for you to be able to form an opinion and actually make a judgment call on it? Residents in Barry, and also the developer now, have been waiting a considerable length of time. Can you this afternoon give us a clear indication at the very least of the timeline you're working to to allow that decision to come forward?

I'm very aware of the representations the Member has previously and assiduously made on the issue, and of the local and the public attention and the public feeling behind it, and why. In respect of the decision, you're asking in terms of the environmental impact assessment of the planning application dealt with by the Vale council, and I know the former First Minister wrote to you to say he didn't anticipate a decision before Christmas, but further legal clarification on the aspects of the case has been necessary. I understand the Member's frustration with this and why he is pushing on behalf of his constituents, but I'm sure he agrees, on an issue such as this, it's important that things are done and that we get all of the best legal consideration that we can have to make sure that we come to the best decision, and a decision will be issued as soon as possible.