Development by Conygar on Newry Waterfront, Holyhead.

UPDATE 14 July 2012 - It seems outline planning permission has not been granted by the Council, which does allow for the Welsh Government to call in the application, as reported in the Daily Post. Seeing how strong the opposition is to the proposed development, it may be a wise move by  the Labour Welsh Government to call in the application and hold a public inquiry, or otherwise and as reported by North Wales Chronicle - Campaigners form anti-Holyhead marina party many Labour Councillors may be thrown out at the next local elections. The below does set out correctly what happens after planning permission has been granted, but seeing that planning permission has not been granted then there is something the Minister can do.   

A report in todays Holyhead and Anglesey Mail - "Residents fight to save the beach" by Ffion Williams, quotes Mr Lloyd Williams; chairman of the Newry Residents Association; whom are opposed to the proposed Conygar development on Newry Waterfront, as saying those against the plans are confident they will win their fight in Cardiff.

But what has Cardiff to do with this? - Apparently it is expected that Ieuan Wyn Jones AM will now write to the Welsh Government Planning Inspectorate to discuss the concerns of the objectors with him.

I'm not sure why, in the first place a third party cannot appeal against the decision, as explained in the Planning Portal:

After the decision

In England and Wales it is not possible for a third party to appeal against a local planning authority's decision.

For example, if your neighbour was granted permission to build an extension you could not appeal against it - even if you objected to the application at an earlier stage of the process.

Complaining about applications

In some cases, you can complain to the Local Government Ombudsman about how a local planning authority handled a planning application.

If you are the planning applicant, the Ombudsman will not usually look at your complaint because you have a right of appeal to the Secretary of State, through the Planning Inspectorate.

If you are a neighbour affected by a local authority's planning decision, the Ombudsman may consider your complaint, but only if there was administrative fault in the way the authority handled the matter.

The Ombudsman cannot investigate a complaint just because you do not agree with the decision.

The Ombudsman has no power to alter the decision, even if the local authority administration has not been entirely correct.

However, in cases where the Ombudsman decides that the local authority has acted incorrectly in handling a planning matter, the Ombudsman can recommend that the authority take action to mitigate the effect on you, and pay you compensation, if appropriate.

The only other route against granting of a planning permission is to apply to the High Court for a judicial review, which must be done promptly and within three months.

The Friend of Earth website explains what a judicial review is:

Judicial Review is a form of Court proceeding that allows you to ask a judge to review the legality of a public body‟s actions. It can only be used in situations where there is no other right of appeal and where you believe that the authority has acted unlawfully.

Judicial review is only concerned with whether the decision has been made in accordance with the law and whether the decision made is itself lawful. Importantly, judicial review is not concerned with the merits of a decision i.e. with whether or not it is a good or bad environmental decision. The court will not substitute its own decision for the decision of the authority.

In other words it is not about whether their decision was right or wrong. Decision makers are allowed to get things „wrong‟ i.e. to decide differently to the way that you, the Court or another decision maker would have decided. The question is whether they acted lawfully in how they got there.

The courts are usually less concerned with the decision than the manner of reaching it i.e. about lawfulness of process.

Not that this should stop anyone whom objected to the development, forgetting those Councillors whom supported the development at next years County Councillor elections.

Mr Sargeant - please don't forget the public.

In September,  Councillors of Ynys Môn Council may be given back the key to the executive chamber, and over a phased time period have power returned to them. You can read a transcript of Carl Sargeant, Minister for Local Government and Communities statement in  Paul Williams Druids Revenge blog.

Carl Sargeant, the Commissioners and the Audit Commission whilst not totally convinced that the problems of past "misbehavior, under-performance and petty squabbling" would not return, have concluded "there are no longer any serious risks."

I suspect though that the ratepayers of Ynys Môn will be far less optimistic as to the likelihood of good behavior continuing within the ranks of the islands Councillors.

And that in once sense is a problem with this process, is a feeling that nobody has really bothered to ask the ratepayers what they thought, what they wanted. Nor has anyone; it seems, asked how can we bring the ratepayers back on board and interested in the real issues that affect the island, and how through the democratic process can their concerns can be satisfactorily addressed.

Don't get me wrong in many ways a lot has been achieved since the Commissioners have been 'running the council' on behalf of Carl Sargeant. Procedures have been updated to improve the governance of the Council, and steps have been taken to ensure that the Council has in place a strong management team, which is something the Audit Commission has long identified as a weakness.

Then there is the decision of Carl Sargeant to change the island election boundaries for councillors to multi member wards, similar to what occurs in Scotland. I think it's a very good idea, and would urge Carl Sargeant, if he can to go further and adopt  Single Transferable Vote (STV) as a method of electing Councillors, again as they do in Scotland.

I would urge also the main political parties on the island to set aside their differences and work together on how they can encourage greater participation in the politics of the island. I seem to recall that there where moves made last year to this end, but have read little about it since.

I also read somewhere that there was a growing call within the Conservative Party to look at how candidates where selected, and whether the process could be widened so that a greater; shall we say, diversity of candidates be put forward, and not from a narrow pool of what may be portrayed as stereotypically candidates from any of the main political parties.

In terms of multi member wards one concern as expressed by Paul Williams is that it will make it harder for independent councillors to be elected, due to the size of the wards and lack of resources by independent candidates to canvass such wards. Can I make a suggestion that as part of the election process the Council could send out to all ratepayers a leaflet saying whom is standing in their ward, within which each candidate would be allowed; within limits, an opportunity to spell out why they should be elected as Councillor for that ward.

Which brings me neatly onto independent councillors, and a commonly asked question - Are independent councillors really Conservatives in disguise?

Interestingly the Political Studies Association in April also asked that question in respect of Councillors in England, and you can read their working draft by following this link - Independent Councillors.

Which sort of, in conclusion to the question -Are independent councillors really Conservatives in disguise? says  - No, but lots of them are.

Now there are many reasons why you would stand as a independent councillor - you may not have a great allegiance with any of the main political parties, or although you may support a political party you may have fallen out with the local party on a specific issue, or you may have been excluded from standing in the name of the local party for various reasons.

Of course one of the problems you have with independent councillors is in the most a lack of a manifesto, from which they can claim a mandate or on which the electorate can judge whether they have kept promises made.

There is also a lack of party discipline and or support, not that this means no good independent Councillors exist. But if you do have allegiances if not with the main political parties, maybe you should follow the lead of Llais Gwynedd, who formed their own party rather than some confusing case of being independent but yet being part of a group of Councillors with similar views and not therefore strictly speaking independent at all.

As to whether following next years council elections the long term future of Ynys Môn Council is secure may be academic, as I have said before there are far too many Council in Wales, and when the time is right a merger with Gwynedd and possibly Conwy is definitely on the political horizon. 

Local jobs for local people?

A report in the Daily Post on Saturday - Meeting over Anglesey Council contracts row said "A COUNCIL mired in a row after an English firm was awarded the grass cutting contract for its schools could now see its executive study every tender before they are given out...."

...The motion resolved that the executive should look at every aspect of the tendering process in the future and consider “legitimate” means to help local firms tender."

Now I'm sure most of us would want our local council to help local businesses be competitive, grow and be successful. And the Council can help in many forms - assistance in applying for grants, business advice,starter units for new businesses etc...

But what they can't do is give an advantage or be perceived to give an advantage to local businesses in the tender process for public contracts. The Council spokesperson is right, the Council has to comply with European treaties and conventions.

In particular Article 101 of Treaty on the Functioning of the European Union (TFEU):

1. The following shall be prohibited as incompatible with the internal market: all agreements between undertakings, decisions by associations of undertakings and concerted practices which may affect trade between Member States and which have as their object or effect the prevention, restriction or distortion of competition within the internal market, and in particular those which:

...(e) make the conclusion of contracts subject to acceptance by the other parties of supplementary obligations which, by their nature or according to commercial usage, have no connection with the subject of such contracts.

The Public Contracts Regulations 2006 incorporates this European legislation into British law.

Of course if there was legitimate means of giving an advantage to local businesses, don't you think some other Council would not have done so already?

But there is not.....and imagine the reaction if say an English Council awarded a contract to a local company even though a Welsh company tender price was lower.

And I agree with Cllr Peter Rogers who said to the Daily Post - "We need to make Anglesey companies competitive so they can bid for these contracts and also go to other areas and bid for work.

“We can't do this by stopping competition. We can't have councillors meddling in every contract.”

Returning to the report in the Daily Post and the "row after an English firm was awarded the grass cutting contract", let me finish with something I hope is quite obvious which is Article 18 of TFEU:

Within the scope of application of the Treaties, and without prejudice to any special provisions contained therein, any discrimination on grounds of nationality shall be prohibited.

Ynys Môn Planning Policy - now set by size of mob?

This Wednesday between 200 and 300 protesters stood in the cold outside the Council Offices to voice their concerns about wind turbines, an anaerobic digestion plant at Mona and also proposed biomass plant at Peboc, Llangefni - how many where present  from each group we may never know.

According to some "The large turnout on a weekday furthermore proves that Ynys Môn residents are far more concerned about wind turbines than they are about Wylfa B."

Or in other words it's claimed Ynys Môn residents are more concerned about the erection of 'monstrous and industrial' wind turbines than they are about Wylfa B (supposedly therefore not monstrous or industrial)

So its planning policy decided by size of mob, that draw out the greater support on a weekday, including those that can afford to take time off from work.

Currently the Council is consulting on its Supplementary Planning Guidance - Onshore wind energy. The consultation ends 10 February 2012.

This will replace and build upon the Supplementary Planning Guidance Wind Energy Development (1994)

The statutory planning guidance with greatest weight currently on the island is the Local Plan, and the policy on renewable energy is:

Renewable Energy.

45. Renewable energy projects will be permitted where it can be clearly demonstrated that there will not be any unacceptable impact on

i.   Landscape character.
ii.  Sites of international, national, or local importance for nature conservation.
iii. Species which are of nature conservation importance.
iv. The standard of amenity enjoyed by the resident and tourist population.
vi. Essential public services and communications.

All arrived at by due process, but does the above matter ? - no because up to 300 people turned up on a weekday, we need to set aside everything else and bow to the pressure of the greatest mob.

Now putting aside the arguments about wind turbines, ask yourself this question, would you as a potential investor thinking of starting up a new venture on the island (the island that likes to say 'No')  really do so, if you knew that all it would take is for little more than 300 people to turn up outside the Council Office at Llangefni to scupper your plans and any monies you may have already spent in conducting surveys, environmental impact assessments etc, etc....I think not.

In 2010 the electorate on Ynys Môn was 49,721 therefore the number of protesters who turned out on Wednesday opposed to wind turbines, anaerobic digestion plants and biomass plants was only 0.6% of the electorate.

Remember, that's the new target 300 people, that's all you now need to allegedly change council policy and make some Councillors jump.

Here is a potential future call to the Council "So what do you think of my idea for investment in the island."

Council official replies "Hold on there is a big angry mob outside, I don't think they like the idea."

At last - Goodbye Anglesey County Council

Not many of us will weep the passing of the failed Anglesey County Council.

Failed on a political front that is, with the so-called Councillors of the island having failed abysmally to provide effective government.

Soon we shall find out the fate that awaits the Council, hopefully the Local Government Minister Carl Sargeant shall end our pain quickly.

This blog fully supports his actions as the people of Anglesey have had enough.

We the people of Anglesey, have for the last twenty years endured grown men who claimed to be Councillors behaving like children - pathetic, incredible and unbelievable!

P.S The Conservatives and their friends the Liberal Democrats claimed today in the National Assembly for Wales debate on the Local Government Order 2011 that they did not understand what 'effective' local government meant - my suggestion why haven’t they visited Anglesey and soon they would have found out what a failing and ineffective local government was really like.

Anglesey Councillors stand together by falling out

BBC Radio Cymru - Taro'r Post

On Taro’r Post today there was a discussion about merging Anglesey County Council and Gwynedd County Council. Taking part where John Chorlton and Goronwy Parry, both Anglesey Councillors, both against the merger with Gwynedd County Council.

And well done to both of them for putting forward a united front by…arguing amongst themselves, requiring a Gwynedd Councillor from Caernarfon to intervene and tell them to behave.

Also I was interested in the argument put forward by John Chorlton, that if Councillors want to fall out with one and other in private behind closed doors it has nothing to do with us. John knows best, sadly his best is not good enough.

It has everything to do with us, and it’s blatantly obvious that the Councillors still haven’t got it. The problem isn’t with the Council at such, the problem has always been political infighting amongst Councillors that has resulted in a political impasse. There’s no point them denying it now – all of Wales have heard them acting like children on the very programme you would expect them to behave and show some decorum at least.

One is a Labour Councillor, the other is a Conservative Councillor, so the political parties cant even blame the independents this time.