Agenda item

The Committee was provided with an update on the development of the Strategic Development Plan (SDP) which each of the Corporate Joint Committees (CJCs) across Wales are required to produce.

It was mentioned that the South West Wales Corporate Joint Committee (SWWCJC) had previously written to Welsh Government, indicating that Officers across the region were not prepared to commence the preparation of the SDP without sufficient resources. In terms of a response, it was noted that the Minister at that time stated that any spare money left over from the preparation of the Regional Transport Plan (RTP) could be utilised to deliver the SDP; however, the funding that was provided for the development of the RTP was insufficient, which meant that there was no left over funding available.

The circulated report highlighted that the envisaged cost of developing the SDP over the five year period was approximately £2.5million; this money would be to cover staffing and specialist services, which in total was six members of staff covering the whole of the region.

A discussion took place in regard to the SDP Manual that was being prepared by Welsh Government, which should have been published earlier in the year. Officers confirmed that as of this meeting, the Manual was still yet to be published.

In regard to the current position, Officers advised to not progress with the development of the SDP in the absence of the Manual and appropriate funding to deliver the SDP. It was stated that not only was the process expensive to undertake, but there was also a lack of resource in terms of staffing; Councils across the region were not currently able to redeploy staff to undertake this piece of work due to the development of their Replacement Local Development Plans (RLDPs). It was noted that Officers would continue to lobby Welsh Government for the resource required to deliver the SDP.

Officers confirmed that they were in consultation with other CJCs throughout Wales; the most recent discussion was pertaining to writing a joint letter to Welsh Government with the purpose of lobbying for appropriate funding. It was highlighted that the SWWCJC had received confirmation from North Wales Corporate Joint Committee and Mid Wales Corporate Joint Committee; Officers were yet to receive a response from Cardiff Capital Region.

Members were informed that not progressing with the development of the SDP was a breach of legislation; however, as previously mentioned, it wasn’t feasible to progress with this work without having the necessary documentation from Welsh Government.

Further to the statement above regarding legal implications, Members asked what Officers would advise should the documentation be made available but not the funding. It was explained that once the SDP Manual had been prepared, Welsh Government would be releasing it for consultation before they publish the final version; once the final document was published the risk would increase, if at that point CJCs failed to commence delivery of the SDP. Officers highlighted that the fact that other CJCs across Wales were in the same position as the SWWCJC assisted in controlling the risk.

Reference was made to lobbying Welsh Government and the importance of doing so politically and through Officers; the Chairperson of the SWWCJC was also content to lobby Welsh Government, on behalf of CJCs, as part of their Welsh Local Government Association (WLGA) role.

Members asked for further clarity in terms of the legal implications and the plans going forward. It was explained that the legislation required the delivery program to be in place by a specific time frame; the fact that that delivery program won't be in place from the South West Wales perspective, renders the region into the possibility of challenge. More specifically, it was mentioned that the challenge would be in form of judicial review of the SWWCJCs decision not to have a delivery plan in place by that respective date; however, due to the fact that the guidance hadn’t been made available, good mitigation and argument could be put forward to try and challenge a determination in that regard. Members were informed that it remained open to Welsh Government to amend their regulations to give longer periods of time for the CJC to put these elements in place; this was a solution that could be offered whilst discussions continue in respect of funding and the like. It was suggested that this could be a point to include in the joint letter to Welsh Government from the collective CJCs.

Following on from the above, Officers confirmed that their lobbying had started to get some traction in relation to the RLDP; Welsh Government were starting to understand the problems that Local Authorities faced, which was why it was important to continue to lobby for the appropriate funding. In addition to the lack of funding, the Committee was informed that there was also a lack of qualified and experienced planning officers; CJCs also needed to lobby academia to ensure that, going forward, there would be a sufficient number of planning graduates to help deliver spatial aspirations across the region and within individual authorities. It was mentioned that Officers had considered whether some staff from each Local Authority within the region could be deployed from working on the RLDPs in order to start delivering the SDP; Officers asked Welsh Government if the RLDP process could be paused to concentrate on the SDP to which they answered no. 

RESOLVED:

·       That the overview of the implementation of the work required pursuant to the Town and Country Planning (Strategic Development Plan) (Wales) Regulations 2021, specifically the difficulties in complying with legal obligations, be noted.

·       That further engagement with Welsh Government and Cabinet Secretaries, to advise on the progress and challenges to limit actions to the South West Wales Corporate Joint Committee (SWWCJC) for any potential breach/s, be permitted.

·       That authority be granted to the Chairperson of the SWWCJC to agree a joint letter between the SWWCJC and other Corporate Joint Committees to highlight such challenges on behalf of all Corporate Joint Committees.