Planning Inquiries

Part of 2. Questions to the Counsel General and Brexit Minister (in respect of his law officer responsibilities) – in the Senedd at 2:28 pm on 5 March 2019.

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Photo of Janet Finch-Saunders Janet Finch-Saunders Conservative 2:28, 5 March 2019

I'm sorry, I have to disagree on that one, and I think there are probably about 1,500 objectors, many residents and locally elected councillors in Aberconwy who would disagree with that, simply for the fact that I, along with many democratically elected members, have spent a lot of time and have worked to oppose controversial housing developments in Aberconwy. These were where applications came forward for land not designated to be in the local development plan, subjected to an inquiry, and yet, before a decision was made, at the eleventh hour, when 'Planning Policy Wales—Edition 10' came in, despite us being able to contribute to the original application and the hearing, we were not allowed, nor were the 1,300 others of us, to make representations. Only the local authority and only the developer were invited to come forward with new evidence.

Now, that is contrary to other parts of the UK. The reason given for this is that the evidence was Welsh Ministers' policy. Clearly, that is unfair and unreasonable, when subsection 47(7) of the Town and Country Planning (Referred Applications and Appeals Procedure) (Wales) Regulations 2017 allows representations to be invited when there is any new evidence. But, in this instance, Welsh Ministers have decided that that isn't correct.

So, I'm going to ask you again whether you would look again at this, as the Counsel General, because I think it is—well, it is—a flaw in our legislation here in Wales, and whether you would perhaps work with the Welsh Government, in particular the Minister for Housing and Local Government, to look at reviewing this situation. Because we need a system in Wales, as regards our planning system, where there has to be fairer planning inquiries, because it's a very expensive procedure, and it's one that, in this instance, on two very weak applications, but very strongly fought applications by the developer, we saw legislation in Wales that has actually really disadvantaged us in my constituency. So, it's something that I will continue fighting on until I see that legislation changed, but I would ask you, in your position, whether you would support us on that.