Report on Special Council (Part 2) - Gwynt Y Mor Wind Farm

Special Council Meeting

Thursday 29th January 2009, 10am, Bodlondeb

The first point on the agenda was whether we should ask the members of the public and press to leave the room. The advice from officers where that in any situation where Legal Advice had been given that should this advice become public knowledge that it could affect further legal proceedings.

As the council were the client then it could make the decision as to whether to hold the meeting in private. The view of some councillors was that as the advice was so strong against a judicial review that the any future legal proceedings would be unlikely and hence not affected. It was also felt that due to the nature of the subject that we should hold the meeting in public. Some councillors felt that the advice of officers should be taken and that the meeting be held in private. The vote was taken and the majority voted in having the meeting open to the public.

All councillors where happy that they had received sufficient time to review the report from Legal Counsel.

The Legal Counsel had produced a 23 page report detailing all the points of objection from the Council and also extra points provided by the Save Our Scenery group. The Counsel reports details each point and whether any of these points had a grounding for Judicial Review. I wont go into detail except to say that none of the points indicated that the Secretary of State had taken all points into consideration and there were no grounds for a Judicial Review.

The Legal Counsel did indicate that he was very disappointed in the quality of the Decision Letter from the Secretary of State, and felt that the report was below standard. But the decision was made legally.

In conclusion the Legal Counsel stated:

"It will be seen from the above that I am firmly of the view that, while I consider the DL (Decision Letter) to be well below the normal standard expected of such decisions, it is not sufficiently defective to breach the judicial standard for adequacy of reasons, and that a challenge would not succeed."

"I also conclude that there is insufficient material on which challenges based on a failure to take account of relevant consideration, of fettering of discretion, or of acting unreasonably. would succeed."

"I therefore reluctantly have to advise that there is little chance of a challenge being successful."

The conclusion of the report the proceeds with likely outcomes should any party decided to proceed with Judicial Review. The Conclusions details that even if used as a delaying tactic that due to the importance of renewable energy that any proceedings would be sped through and that if the would only delay by a matter of weeks instead of months. The report also states that should a Judicial Review succeed that in essence it would be a hollow victory as the likelihood would be that the Secretary State an re looking at the evidence would come up with the same conclusion.

Several people spoke on the subject, and there was an understanding that proceed to a Judicial Review would not be an appropriate cause of action. There where concerns with the process and that one person could make this decision and hence whether Democracy was taken away from the decision. It was suggested that people within political parties passed there comments through to MPs.

I spoke at the meeting the essence of which is repeated here:

"As a new member I have made my decision on the evidence that has been put before me, and my views on the Wind Farm itself where not important. As a newcomer to the authority but reviewing the information I believed that this authority has done its duty to the council tax papers.

Since the initial application in Nov 2005, the council has democratically decided to object to the development. This objection has remained throughout the process. Rather than seeing our decision today as a negative the council should actually be commended for it actions. But Conwy where the only 1 of 9 authorities that objected to the development.

I will go in to the detail of the Secretary of States report or that of the Legal Council but we can all see the recommendation not to proceed with a Judicial Review on all points.

I have concerns from the last meeting where the costs of the legal counsel could be easily accounted as we make £6K per day from £57M worth of investments held by the Council. Having since spoken with the Financial Officer I now understand why we have these investment and that the are all accounted for and ring fenced for future spend. And that also the revenue generated from these investments is accounted for in the budget and far from being available is used in the calculation for the £4m Savings needed next year and keeping the council tax increases to a minimum. I felt it was inappropriate without having knowing all the detail to suggest that the money was available to spend.

The concern that we all have and that the Legal Council questioned in his report was the potential impact on Tourism.

People will obviously want to report there disappointment in the decision of the secretary of State. But in the near future we will have to resist falling into the trap of talking ourselves down.

We have to turn (or spin!) this decision from disappointment to an opportunity.

I'm sure he tourism working party being set up by Cllr Goronwy should take this on board and look into ways of maximising this opportunity.

The Seascape is only one reason that people decide to visit Llandudno and the County of Conwy. What we need to do as an authority is to ensure the we get everything else right, to ensure that the visitors still want to visit the area, enjoy themselves and keep returning.

We have to promote the positives of this county and we need the help of the public (including the people of Save Our Scenery) and the Press to do this.

It is in all our interests to do this. We need to do our very best to ensure that this development does not have a negative impact on tourism.

In conclusion; this authority has done it duty, but we should not proceed with Judicial Review and I back the proposal not to proceed with Legal Action."

I'm sure my speech did not make any difference to the vote as the evidence was clear to see, but I felt there were points that needed to be made.

The vote was subsequently taken and was overwhelming in favour of recommending to Cabinet:

Not to proceed to Judicial Review.

4 councillors recorded their abstentions (Cllrs Lyon, Boyle, Tew and Howarth) arguing the end of the democratic process as the reason.

A second motion was passed (put forward by Cllr Philip Edwards) to raise our concerns on the democratic process and that when we restart negotiations with the applicant the we look to gain maximum compensation/investment in the area.The motion was recorded and passed.

Cabinet are due to meet at 2pm today to make the final decision, but I'm positive it will not be any different to this mornings meeting.

Update: The Cabinet ratified the decision from the mornings council meeting.

The cost of the advice was significantly less than my estimates, the costs was less than a few thousand pounds. Indicating that the legal counsel did not need to spend a vast amount of time on the case, meaning the case was fairly clear cut.

Special Council Meeting (Part 2)- Gwynt Y Mor Wind Farm

Tomorrow morning (Thursday 29th January) we have a special council meeting to discuss the Gwynt Y Mor Wind Farm. http://jasonweyman.blogspot.com/2009/01/special-council-gwynt-y-mor-windfarm.html



The decision at the Special Council meeting on the 7th January, was to consult Legal Council on the merits of calling a Judicial Review of the Secretary of State decision to allow the development of the Gwynt Y Mor Wind Farm.

The Cabinet will also meet tomorrow afternoon to take the input from the Special Council meeting, before making the final decision on whether to call for a Judicial Review.

On the above posting you can see that I voted against this as I felt that we already had sufficient information to make the decision, which I believed was that we would not have a case for a judicial review. The majority of the Councillors preferred to call for a independent legal council to provide professional advice. I can understand why they did this. We have today received the results of the Legal Council, at this point I can not say what the advice is as the information is restricted. The Council will meet tomorrow morning to decide its next steps i.e. to decide whether or not to call for a Judicial Review.

The meeting will be closed to public and press, the reason why can be seen here: http://moderngov.conwy.gov.uk:8071/Published/C00000207/M00001438/$$ADocPackPublic.pdf
The decision to restrict information and the meeting is that "due to the potential of legal proceedings of major significance could be compromised if legally privileged advice was disclosed".
There are advantages to having the meeting restricted as I'm sure more Councillors will feel more comfortable in speaking out and expressing their concerns without the presence of the public and the press. As you may see this does not affect whether I speak or not, but it does others, especially on such a sensitive issue.

What ever the decision tomorrow, there is no doubt that the authority has done all in its power so far to object to the plans as democratically agreed since the original application in November 2005. It is the only authority of the 9 consulted authorities who have boundaries on to Liverpool Bay that did object!

I will update the blog tomorrow with the decision of council, I will have to take advice on what I can say before posting, due to the restrictive nature of the material.

Meetings w/c 19th Jan 2009

Monday 19th Jan, 1pm, Member Development
Meetings looking at issues in Members Development, Training and Facilities


Tuesday 20th Jan, 2pm, Excellence Fund Committee
I'm part of the committee that determines applications for the Conwy Excellence Fund. This is the first meeting since the elections last year. We are now due to hold meetings every quarter.
This award is available to sportspeople who are competing in their sport at a national level or higher and also supports excellence in education and the arts. This grant scheme is administered by Conwy County Borough Council and offers financial support of up to £1000 in any 12 month period.
The Conwy Excellence Fund has been operating since 2001 and is highly regarded by its recipients and is held up as an example of excellent practice across Wales. Awards of up to £1,000 are available. The scheme also supports excellence in education and the arts. Since its launch approximately £125,000 has been awarded, to over 160 individuals. The average grant is £500, although several grants of £1,000 have been made in outstanding circumstances.
http://www.conwy.gov.uk/doc.asp?cat=2687&doc=15700


Tuesday 20th Jan, 3:30pm
Meeting with Andrew Kirkham, Finance Director.
Discussed my concerns regarding the Business Cases and the forthcoming budget. We also discussed the situation with the Councils Investments and Loans. It was an extremely useful meeting and a chance to understand the Finance from a Local Government perspective.

Tuesday 21st Jan, 7:15pm
Deganwy and District Residents Association Meeting, Deganwy Castle Hotel

Wednesday 21st Jan, 10am
Organisation Improvement Board
I had to send my APOLOGIES for this meeting, due to staff illness.

Wednesday 21st Jan, 2:30pm
Deganwy Quay Hotel, Meeting with Tony Riley and Barbara Byrom
Discussed several subjects including the Planning Appeal for Signage, Deganwy Prom Day sponsorship, Marine Watch and Deganwy Quay Day.

Wednesday 21st Jan, 5pm
Governors Finance Committee, Ysgol John Bright

Thursday 22nd January
Principal Scrutiny Committee
Based on my discussion with Andrew I took the advantage of going to this meeting as it was a Specially arranged meeting to discuss the result of the Cabinet's decision on the business cases. It was useful to attend, but I had to send my apologies for a Conwy Youth Service meeting being held at Ty Hapus Community Centre.

Thursday 22nd Jan
Governors Meeting, Ysgol Deganwy

Cabinet - Thursday 15th Jan

Thursday 15th Jan 2pm
Cabinet
Of particular interest was a decision on Business Cases that departments had put forward to be included in the budget. I was a bit concerned that the Cabinet did not discuss the Business Cases in any detail and excepted them and the measure to fill the budget gap. After the meeting I emailed Cllr Meirion Hughes (Cabinet Portfolio holder for Finance and Resources) and Andrew Kirkham (Finance Director) regarding my concerns on this and also for information on the County Financial situation in general. I received information back and also had a meeting with Andrew.
The part I have missed in the process is the activities that are taken on by the Principal Scrutiny Committee. I'm not a member of this committee and have to admit I haven't ever attended one of its meetings. The committee is chaired by the leader of the opposition Cllr Janet Finch-Saunders. The importance of this committee in the process of Council is very high. For example the process of the Business Cases is that Cabinet members within there portfolio responsibilities had worked with the head of services to consider and bring in the Business Case justifications. Based on previous years the justification for Business Cases has been tightly controlled to ensure they match certain criteria. Hence the number of cases and each case had been carefully considered by the Cabinet members. These business cases where then considered in detail at the Principal Scrutiny Meeting, at which they spent 3 hours reviewing the cases. The result of the Principal Scrutiny was to approve each of the Business Cases and pass back to the Cabinet.
This explains why at the Cabinet meeting there was only a final confirmation required.

to fully understand the process of Council it is required to keep a close eye on the Principal Scrutiny Committee agendas and minutes. The problem I have is that the meetings for Principal are on a Monday morning. This is the busiest time in the Post Office, which makes it very difficult to attend. But it is something I will have to consider if the subject area is of particular significance. (Such as budget decisions over the next few weeks)

Planning Committee - Wednesday 14th Jan 2009

Planning Committee

Wednesday 14th January 2009, 2pm

Bodlondeb



On Tuesday we had our usual well attended Site Visits, to 5 sites. We covered a fair few miles taking in Llanfairfechan, Llanwrst, Llandudno, Llysfaen and Kimnel Bay. There where 7 councillors (and 1 officer) that travelled in the bus (30 seater) and a couple of local councillors met us at individual sites.


Deferred applications from the previous Committee meeting


I. Code ref: 0/35400 - Erection of agricultural workers dwelling (outline application). Ty Cerrig, Ty Nant, Llangwm
Member’s views are sought as to whether to reaffirm the Committee resolution to be ‘minded to approve’ and to delegate the issuing of the notice and the Section 106 to Officers.
Since last months meeting it has come to the attention of one of the rural area councillors that some of the figures on amount of cattle may not be accurate (these figures are used to justify the case for an additional agricultural workers building) was proposed that the decision be deferred until more investigation had been made to clarify the figures, I seconded this proposal. The officer advised that the alternative was to refuse the application now and put the emphasis back on the applicant to resubmit the application with further evidence/clarifications. This was also proposed and seconded. I felt that it would be useful for the applicant to be investigated to determine whether the application was correct, but the committee decided to refuse straight away. Voting: Me: Defer (Investigation), Committee: Refusal



To consider the following reports:
(i) Planning Applications


I. Code ref: 0/32634 - Installation of Wind Turbine to rear of dwelling at Grovewood, 47 Denbigh Circle, Kinmel Bay, LL18 5HW
Minded to refuse planning permission.
Officers recommendation for refusal was based on the Noise technical data being at a level that Public Protection believed could be a Noise Nuisance.
On the Site Visit on Tuesday we visited an existing Wind Turbine at the rear of a property in West Shore (close to the North Wales Golf Club). I have to admit although not very windy the did not seem to be any noise from the Turbine (the road noise was much more prominent). We then visited the site of the applicant in Kimnal Bay and looking at the site the impression we had was that it was probably acceptable to allow the application as a test case, with the condition that if the Turbine did become a Noise nuisance then it would need to be removed. The local member felt this would be acceptable as the applicant had won the Turbine, and hence would not have significant costs.
After the site visit on Tuesday I realised that one of my members of staff, lived within a few doors of the existing Turbine in West Shore. On mentioning the Turbine to them on Wednesday morning, I was told that the current installation is very noisy and causes problems for the local neighbours. As well as wind noise there is a vibration noise caused within the structure, even though it is regularly maintained. Hence the concerns of the Public Protection seemed to be valid. I mentioned this in the meeting and hence I followed the officer recommendation for approval. The committee though decided to proceed with caution and as the local members live very close it was felt they could monitor the situation with the applicant and the neighbours. I tend to think that as long as the applicant is aware of the concerns and that if it does become a Noise Nuisance, that they are prepared to take down.
Voting: Me Refusal, Committee, Approved (with Conditions)

II. Code ref: 0/35081 - Demolition of existing dwelling, commercial sign writing studio and associated outbuildings and the construction of 7 terraced, 3 storey dwellings with integral ground floor garages, provision of on site private vehiculas and pedestrian road and improvements to the junction of access to trunk road (outline planning application). Woodstock, Llanrwst Road, Glan Conwy
Minded to refuse planning permission.
The local member (not a Committee member) requested a site visit, which was subsequently proposed by a Committee member. There was concern regarding the development being to dense for the location on the outskirts of the village. The local member indicated he would discuss the application with the applicant prior to next months meeting, to see whether they wished to change the design.
Voting Me: Site Visit, Committee: Site Visit

III. Code ref: 0/35312 - Demolition of dwelling and erection of 5 no. dwellings, construction of means of access and associated works (outline application). 4 Rhodfa Lwyd, Llysfaen
Minded to grant planning permission, subject to no further issues (not previously considered) being raised in response to the statutory notice.
This was subject to a site visit the previous day, at which there was a protest by local residents and community councillors. There where concerns that some of the land is outside the formal settlement boundary, even thought the land is has been registered as lawfully part of the dwelling. Following the site visit there was view that one of the concerns regarding overcrowding of the site and not appropriate to the street scene was not a major issue for the application. The main issue was regarding the land outside the defined settlement boundary, on this basis it was proposed to refuse the application.
Voting Me: Refuse, Committee: Refuse


IV. Code ref: 0/35323 - Conversion of barn and outbuildings to dwelling. Barns & Outbuildings at Tan Y Gaer, Llannefydd
Minded to grant conditional planning permission, subject to satisfactory resolution of the biodiversity and design issues.
Voting Me: Approve, Committee: Approve

V. Code ref: 0/35460 - Erection of 1 no. detached dwelling, construction of means of access and formation of additional access. Land to rear of 29 Pen Y Bryn Road, Upper Colwyn Bay, Colwyn Bay
Minded to grant conditional planning permission.
Voting Me: Site Visit, Committee: Site Visit


VI. Code ref: 0/35475 - Extension and adaptations to make bungalow suitable for severely disabled person. 3 Min Y Don, Penrhyn Bay
Minded to grant conditional planning permission.
Voting Me: Approve, Committee: Approve

VII. Code ref: 0/35478 - Installation of external flue pipe for multi fuel stove. Flat 1, Hafan, Station Road, Llanfairfechan
Minded to refuse planning permission.
This application was deferred last month for a site visit, held on Tuesday. The view from the site visit was that the additional of the flue would not be detrimental to the application site. This is an example of where a site visit does make a difference. At last months meeting I was of the opinion on reading the report that the application should be refused. I even voted against a site visit (mainly due to the lack of attendance). But I admit that the Site Visit was useful and changed my mind. I decided that as long as the concerns of Public Protection were satisfied (regarding the height of the flue) then I would vote for approval.

Voting Me: Approval, Committee: Approval

VIII. Code ref: 0/35497 - Conversion of existing redundant chapel and attached vestry to form 5 no. dwellings and alteration to existing vehicular access. Bethlehem Chapel, Lawson Road,
Colwyn Bay
Minded to grant conditional planning permission subject to submission of a satisfactorily revised layout plan in respect of reduced car parking, landscaping and increased amenity space and submission of amended details regarding the proposed external alterations and drainage.

Voting: Me: Approval, Committee: Approval

IX. Code ref: 0/35506 - Change of use from dwelling to 10 no. bed residential care home. 5 Claremont Road, Llandudno
Minded to grant conditional planning permission.

Voting: Me: Approval, Committee: Approval

X. Code ref: 0/35516 - Erection of 15 no. apartments, construction of means of access and associated parking (variation of condition no. 2 of planning permission granted under code ref: 0/33096 to allow amendments to the approved plans). Former Victoria Hotel, Bridge Street,
Llanrwst
Minded to grant conditional planning permission, provided that concerns over parking can be resolved satisfactorily.

A site visit was held to this occasion, at which we saw the detailed plans and how they affect the frontage of the building. Prior to the meeting the concerns over car parking had been resolved. This site was subject to a planning application in August last year. Last August we felt the plans for the frontage where to cluttered and provided more iron work than we felt appropriate to its location. The applicant took note of our concerns and has come back with a new application which I felt was more reserved and appropriate. The new design would make a feature of the building frontage.

Voting Me:Approval, Committee: Approval

XI. Code ref: 0/35522 - Discharge of section 106 planning obligation made under code ref: 0/23349 to allow for the cessation of the dog kennel use of the land. Land to rear of Bryn Heliwr, Llanrwst Road, Upper Colwyn Bay, Colwyn Bay
To authorise the Development Control Manager to instruct the Head of Legal Services to discharge the Section 106 obligation.
Voting Me: Approval, Committee: Approval

XII. Code ref: 0/35531 - Erection of an agricultural workers dwelling, detached garage, means of access and private foul water treatment plant. Field No. 1080, Plas Isaf, Bryn Rhyd
Yr Arian, Llansannan
Minded to grant conditional planning permission.
Voting Me: Approval, Committee: Approval

7. Exempt Items: Local Government Act 1972, Section 100A and Schedule 12A (Access to Information)

Three items where discussed. The detail is restricted.

I. ENF7409 - Llanrwst
II. ENF9407 - Rhos on Sea
III. ENF9264 - Mochdre

Coming to a store near you ....

In response to speculation and rumour within the Village, I have had to post the above poster in the shop window to inform people what is happening (and what is not happening).

The incorrect rumour which I have been informed of, was that we would stop selling Groceries after the refurbishment. This is not correct and we will continue with the same lines and services as we do at present.

As part of the Network Change programme, Post Office Ltd visited the Post Offices that were to be kept open. At these assessments discussion where held onto what improvement could be made to the office. In our case the shop is built on two levels due to the contours of the slope it is built into. The request of the Post Office was to help with Disability Access, that want us to relocate the Post Office counters to the lower level. We are also to purchase a portable ramp and buzzer for the door.

When the government announced its decision on funding for Post Office Ltd, as well as part of the money being earmarked for compensation payments to closing office, some was also set aside to invest in the improvements of the remaining offices.

Ronald Rd Post Office, in Llandudno Junction will be closed for a day or so next week, to have new access and automatic doors.

So following agreement of the work to be performed, we obtained quotes and have applied to Post Office Ltd for a grant to cover the work. Post Office have agreed to cover the majority of the costs of the work.

It will personally cost us about £1,000 for the work, but our biggest hit will be the lost business when the works are to be carried out. The Post Office will probably be closed for a week and the shop for 4 days.

The works will take place in early March.

Following the work the shop will look totally different and will be much more open.The stock will have to move around and it will take regulars a short while to become used to where everything is, but as discussed above we will continue with the same product lines as we have now:

Following the works we will still be providing the same services and selling the same range of products including:
•Post Office Services including Benefit Payments, Car Tax, Bill Payments, Mobile Top Ups and Postal Services
•Newspapers/Magazines
•Confectionery & Ice Creams
•Tobacco Products
•Sandwiches & Snacks
•Milk, Bread, Cakes, Eggs
•Groceries & Household Products
•Stationery
•Greetings Cards

Hopefully Customers will see an improvement in the shop, and people will find it easier to reach the Post Office Counters.

Ysgol John Bright Governors Meeting

Full Governors Meeting

Tuesday 13th January, 5pm

Conference Room, Ysgol John Bright



This was the first Governors meeting since the start of the new headmaster Mr Graham Davies . Mr Davies started in his post at the beginning of the term after the Xmas break.

Tram Shelter, West Parade, Llandudno

I have read in the past the battles that someone (Frank I think is his name) has been having in his quest to bring the Tram Shelter in West Shore back to use.

I was pleased to read in this week Councillors Information pack that a planning application for the shelter has been Approved (with conditions).

This application was dealt with as a Delegated determination level. (i.e. it was being dealt with by the officers in the planning department)

I have not looked at the full application, but this can be viewed in Civic Offices at Colwyn Bay. The information I have is:

0/34136, Listed Building Consent

Tram Shelter, West Parade, Llandudno, Conwy, LL30 2BB
Approved with Conditions

Change of use of Existing Tram Shelter to Gift/Information Shop with Refreshments and erection of Railings and Gates.

This is great news and if the applicant is able to bring this development through I'm sure it will be successful. It will breath new life into a landmark and I'm sure locals and visitors would find the shop a welcome addition.

As an aside the the future of the kiosk on Deganwy Prom may be changing this year. The council is looking to issue a tender to interested in parties in reopening the kiosk. The kiosk is currently leased by the Conwy Yacht Club based in Deganwy. I have discussed the proposals with them and the are in favour of bringing this building back into use, while they continue to use the roof of the kiosk for its Race Marshaling activities. I'll keep you informed on any progress.

Information Book

On regular occasions, generally fortnightly, County Councillors are sent an Information Book, detailing items such as:

• Forthcoming Meetings
• Schedule of Engagements/Meetings of the Leader and Chair of the Council
• Council Tax and NDR (Business Rates) Collection information
• Treasury Management Activity - detailing the Council's External Investments and Loans.
• List of Applications/Decisions
• Planning Inspectorate Appeals and Decisions
• Weekly Enforcement List
• Also any information the Officers or Councillors have requested to be distributed in this way.
• Today's issue included: WLGA Information, Register of Electors (Analysis of Returns), Minutes of Fairy Glen LNR Management Advisory Group

It's a useful document and is now for me the only main item I receive in paper format. Everything else I have sent vie email or retrieve from the Web. A lot of work is being done to improve the information available over the Internet, including all the agendas, report and minutes of Council Meetings.

All of which can be seen by the general public: http://www.conwy.gov.uk/section.asp?cat=6406&Language=1

Just thought I'd share that with you as it was while reading the Information pack after work at lunchtime that I came over the information regarding the Tram Shelter at West Shore which is the subject of the next post.

Local Development Plan - Potential Sites for Development

Please see the following link for latest information on the New Local Development Plan.

It provides a list of sites submitted to the Council for potential inclusion in the Local Development Plan.

http://www.conwy.gov.uk/doc.asp?cat=494&doc=23539&Language=1

The only Deganwy Ward site identified in this list is:
243.) Bowling club pavilion, Vardre Ave, Deganwy
I can confirm that this site is not for housing, but is being considered as a site for Allotments. The site refers to the area surrounding the demolished Community Building and not the lower section that is wholly on Bron Vardre Ave.

The other land in Deganwy, although in the Marl ward is:
320.) Marl Farm, Llandudno Junction
which refers to the land off Marl Lane, opposite the current High Pastures development on Pentywyn Rd.

The land identified in last years Llandudno Junction Masterplan around the Robertson Research site on Pentwyn Rd (which would have backed on to St Anne's Garden) has not been proposed for the new Development Plan. I know the local residents will be happy with this news, as will Cllr David Hill who had objected and raised a petition to this possible site.


Site Selection Methodology.
Summary.
The Council, following publication of the Local Development Plan (LDP) Preferred Strategy in October 2006, advertised for the submission of sites to be included in the LDP. Please note that the period for receiving suggested sites has now closed. A selection of sites that were originally submitted for the Unitary Development Plan have also been put forward.

All sites are assessed against a selection of criteria. A preliminary site assessment form was completed for sites submitted. In line with national policy guidance, the Council’s development plans aim to restrict the development of new dwellings outside the urban areas and main villages. Consideration has been given to the site’s location relative to the settlement boundaries, where applicable, and the development needs of the community. As a related issue, the amount of development (and sites) for each settlement has been calculated from the preferred growth option for Conwy, as agreed by Members.

Sites have also been assessed in line with guidance provided by the Welsh Assembly Government. The Ministerial Interim Planning Policy Statement (MIPPS) on Housing (June 2006), paras 9.2.8-9.2.10, detail a search sequence in which to allocate housing. The sequence order begins with allocating housing through the re-use of previously developed land and buildings within settlements, followed by settlement extensions and finally new development around settlements with good public transport links. A Hierarchy of Settlements has also been established based on the level of appropriate services and facilities, access to sustainable modes of transport and employment. The Hierarchy of Settlements has been agreed by Members of the Council and underpins the approach to the location of sites to meet the needs of the community.

Sites were visited and any immediate constraints identified. A more detailed assessment of sites involved consultation with both statutory and non-statutory bodies. Along with assessment of the surrounding area and the ability to accommodate the sites, the consultation aimed to identify any of the following issues:-

• Existing shops, services and employment opportunities
• Access to higher order centres (good transport links to larger towns)
• Impact on existing settlement character
• Impact on biodiversity
• Impact on historical environment (including listed buildings)
• Proximity to conservation areas
• Flood risk issues
• Site availability/ownership issues
• Ground conditions (including contaminated land and agricultural land quality)
• Archaeological issues
• Highways constraints
• Impact on existing infrastructure
• Site viability
  

Sites considered for allocation in the Deposit draft of the LDP will also be subjected to a Sustainability Assessment / Strategic Environmental Assessment.

The final list of sites for allocation in the LDP will be available for comment when the Deposit draft is released for consultation in March 2009

Business Loans

This week I have had my yearly review with my Commercial Manager at HSBC. It's a chance to review the business and the finances. Met Chris Haywood at HSBC on Wednesday morning.

We are taking the opportunity to review the Business Loan and incorporating our existing overdraft onto a reorganised Loan. By doing this at the moment we are going to take advantage of the reduced interest rates (extra cut announced today). We are also taking the chance to review the life covers on these loans and changes required. HSBC have their January Sales at the moment and offering attractive deals, one of which is to offer 50% of the first 12 months on life (and other) policies. This is very useful in what looks to be a very difficult year.

I would encourage any business out there with loans/finance, to consider a visit to there bank manager to see if there are anything that can be done to help you.

HSBC may not provide me with free banking that I may be able to get from other banks, but I have always found them extremely helpful. It is reassuring to know I have people in Llandudno available to meet and receive assistance when required.

Informal Council and Constitution Working Group

Informal Briefing - Council
8th Jan, 2009, 10am, Bodlondeb

Informal Council meetings are an opportunity to receive presentations from parts of the Council. They are excellent opportunities to learn more of the activities of council and some of the latest changes or activities.

About 30 councillors attended today's meeting, subjects covered where:

Job Evaluation and Equal Pay. To provide Members with a progress report in relation to the Job Evaluation and Equal Pay process. Ken Finch, Corporate Director of Resources, and Des Jones, Job Evaluation Consultant.

Benefit Fraud Awareness. To provide Members with an overview of Benefit Fraud and the steps taken to prevent, detect and investigate benefit fraud within the County. Eryl Rowlands, Head of Revenues and Benefits.

Section 17 iof the Crime and Disorder Act (CDA) 1988 seeks to affect the lives of all members of our community. Section 17 places a duty on the Authority to do all it reasonable can to prevent, crime and disorder in its area (including anti-social and other behaviour adversely affect the local environment), and the misuse of drugs, alcohol and other substances in its area. Phil Rafferty, Head of Regulatory Services.

Affordable Housing
a) Sam Parry, Acting Housing Strategy Manager.
b) Mark Slater, North Wales Regional Manager, Countrywide plc.
Some interesting points came out on this presentation, including the lack of funding for affordable housing, that there are Mortgage Rescue plans available, funded by WAG. And the restrictions that Banks are now placing on mortgages for properties that have section 106 conditions on them. (Section 106 are issues such as Agricultural Workers Dwelling, Affordable Pricing, Local Need type restrictions). It seems government will need to put more pressure on the banks (that tax payer has now bailed out) to ensure they support the affordable housing needs.

Meeting ended at about 12:45pm.


Constitution Working Group,
Tuesday 8th Jan, 2009, 6pm - 7:45pm, Bodlondeb

This evening I also attended a Constitution Working Party. The Constitution is the "bible" that the Council and Councillors work to. It is states all the roles and procedures by witch the Council is run. The officers, at members request, are reviewing and amending the contents and attempting to simplify the format and contents.
I was not a member of the Sub Group of today's meeting, but I attended as I felt is was a very good opportunity to learn more about the Constitution and internal workings of the Council. I found the meeting very informative, and I hope I didn't get in the way to much.

Special Council - Gwynt-Y-Mor Windfarm

Special Council - Bodlondeb, 2pm, Wednesday 7th January

I've just got back from the meeting this afternoon.

The meeting was well attended with quite a lot of press and members of the public present.

My first understanding was that this meeting was to decide whether the Council should proceed with a Judicial Review against the Secretary of State's (Dept of Energy and Climate Change) decision to grant "conditional" approval for the Gwynt-Y-Mor Windfarm.

It turns out that this meeting was to propose that we asked for Professional Legal advice into whether there was a potential case for a Judicial Review.

Some background information, which I had (amongst others) had asked for and was clarified by the head of Legal & Demographic Services:

• A review can be called by anyone, individual or organisation.


• A judicial review is a court proceeding, it is not a public inquiry


• A review can not be called just because you do not agree with the decision


• It can be only called if the has been issue with the lawfulness on the way the decision was made. E.g. Correct Procedure have not been followed.


• Within Conwy CBC it is the role of Cabinet to decide whether to proceed with a Judicial Review. The Council can only recommend.


• First point of call would be to employ an external legal professional to determine whether they felt there was a potential case for a Judicial Review


• The cost of a Judicial Review is variable depending on the complexity and the length of time involved. In a similar case Redcar & Cleveland Council failed at a Judicial Review regarding an offshore windfarm. The cost were 25K to cover Government costs, £22k to cover the Applicants cost and a unrecorded amount of their own costs. I would imagine that their own costs would be significant and hence I would imagine a figure of £100K is not an unrealistic ball park figure.


• The cost of asking a legal professional for initial advice would be in the region of £300 - £400 per hour. I would imagine this would take several days to review all the information and to come up with a report. A weeks work can be around £16,000.

So toady's meeting was to vote on the recommendation to proceed with the last point.

I asked that should the proposal be agreed that after this report is written that the full council would meet again and decide on how to proceed.

The Secretary of State's decision report can be found at the following link, as can minutes of previous Council meetings on this subject.

http://moderngov.conwy.gov.uk:8071/ieListDocuments.asp?CId=207&MId=1413&Ver=4

As a new councillor I tried to look at this subject on the information I have at this time. I do not have the history of the previous meetings and decisions. I do recognise from my investigation into the subject that there is great deal of interest and views from the general public.

It has many supporters and many objectors. You generally hear a lot from objectors on any issue, but it is somewhat unusual to have so many supporters who are so vocal. It is also true to say that most of the population of the county borough have not made any representation on the subject.

In the end the vote was 38 in support of the proposal (to ask a legal expert for advice), 4 against and 1 abstained.

I recognise that this may upset a few people but I voted against the proposal (i..e not to proceed with furher cost or action).

My reasons:

• The is a lot of support for the development


• I truly believe that we need to find alternative energy sources and quickly.


• I do not like the idea of having to buy in so heavily from other countries for the supply of fuel. It has to impact our foreign policy with some very volatile areas.


• Regarding the decision by the Secretary of State, I reviewed the report in detail and looked into a lot of the detail. I felt that he followed all the correct procedures, he responded to every area of objection, and has put conditions on those areas that still need resolution before development can continue.


• Since NPower initial application in Nov 2005, they also produced more investigations and changed the proposal in response to many of the initial objections. This was detailed in a Supplementary Environmental Information report in August 2007. At this point some of the objectors removed there objections (including Countryside Council for Wales (CCW)).


• There are lots of arguments regarding the technology involved, but we can either talk about it for another 3 years or is it not time to bite the bullet and move forward.


• I do not believe the impact on tourism will be as great as some are saying. The sea scape is only one reason people visit the area, it is not the only reason. It is up to us all to ensure that the rest of the package is at a high standard that they will be attractive to visitors to return year on year.


• The is some evidence that other windfarms have actually had a positive impact on tourism. I believe when the final decision is made that we should not reflect on it, but we look further into how to get the rest of the package right and how to gain from the development (I do believe we can spin this in to a positive for Conwy). We should hold back from the temptation to talk our self down.


• Although Conwy has the closet boundary (13km) to the windfarm we are not the "relevant planning authority). In fact no authority is. 9 authorities who have boundaries onto Liverpool Bay where consulted. Of the 9 authorities, 4 did not respond, 4 did not object and only Conwy objected.


• Conwy and the Welsh Assembly both asked for a Public Inquiry. The Secretary of State was not obliged to hold a public inquiry, but could have held one, if he felt on considering all the information that one was required. His report details the reasons on all count why he felt there was enough information to make a decision without an inquiry.


• I do believe that Conwy CBC have done their role and democratically made representations on this application. Although a percentage of the population do not like the decision.


• I believe the decision has been made in a correct manner and hence we would lose a Judicial Review (as did Redcar and Cleveland)


• Although there was a lot of people asking for a review, there was also an equal amount asking for the decision to stand, and even more who are indifferent on the subject.

In Summary:

All though there was a call for at additional money to spent on more Consultants to give advice on whether a review was a good idea. On reviewing all the information we have available, I felt that we had enough information ourselves to make the decision. I believe that decision is that we do not have any grounds for a Judicial Review, and if we where to proceed we would loose.

The Result:

As it happens my vote made no difference to the result. It has been agreed by the council to now buy in additional consultancy to determine whether or not we should buy in even more consultancy to proceed with a Judicial Review.

Sorry I now how that sounds and hopefully the expert we select will give us a realistic report and advice. When we come back to full council I'm sure councillors will look at all the information and make the correct decision.

I may be able to say, "told you so" in a few weeks, or I may be proved totally wrong. So be it, but I can say I voted in a way that I believed was correct today. If there is strong evidence from the new consultant then I am still open on my decision at the next meeting.

Additional Information added to the post later:

There was quite a few speakers most in favour of the proposal to seek legal advice, including Cllrs Janet Finch-Saunders, Philip Edwards, Margeret Lyons, Janet Haworth, Philip Evans, Gail Hall, Cheryl Carlisle, Brian Cossey, Merfyn Thomas, Brenda Taylor, Merion Hughes. Only Cllr Dr Stuart Anderson tried to speak regarding putting a new proposal to encourage WAG and the Government to seek alternative solutions for renewable energy and coastal sea defences. A point or order from Cllr Phil Edwards challenged what Cllr Stuart was trying to put over. It was decided that Cllr Stuart comments where not directly related to the issue at hand, and would be discussed after the vote. By the time I spoke it was obvious the strong support across the board for the proposal that I just wanted to secure the chance for full council to review the findings of the legal advice. I will review and give my arguments for at the next meeting.

What annoys me is the misleading information that flies about when Cllrs put there point across. They rely on most people not reading the reports themselves (which is true in some cases). I suppose why it is essential that we spend a lot of time preparing for meetings, if we take everything at face value from other peoples arguments, it is very easy to be mislead.

So although todays meeting lasted less than 2 hours, the preparation time was much more. There was a lot of information to read through, which equated to a couple of late nights over the weekend to ensure I was prepared.

Another argument given for allowing the expense was from Cllr Haworth who suggested that due to the investments that the Council have made, that she had calculated that the Council were making £6K per week. Hence the view being that we would recoup the cost within a few weeks. Hence the impression given to everyone (including press and the public) is that we currently do not use this revenue. What Cllr Haworth fails to appreciate (or chooses to ignore as it does not suit her argument) is that this additional revenue from savings plans is used within the budget and day to day running of council services. It is not saved up and used/available for adhoc projects. This revenue is created from the careful financial management of funds, investments and lending.

In todays Daily Post an article details that David Jones, MP had written to the leader (Cllr Dilwyn Roberts) to encourage the proposal for legal advice. This was not mentioned what so ever in the meeting. Cllr Dilwyn did not speak at the meeting and we did not receive any copies of the correspondence. We did receive correspondence from Dareen Millar AM (supporting the proposal and detailing the question he had raised at the Senate, and letter he had sent to the First Minister), WWF Cymru (against seeking a judicial review), Friends of the Earth Cymru, Save Our Scenery, (for a Judical Review) there was also representation in the press from Sustainable Energy Alliance (Against), who where also at the meeting with banners and posters.

BBC Wales have already reported on the decision:
http://news.bbc.co.uk/1/hi/wales/north_west/7816338.stm

Deganwy Quay Hotel forms New "North Wales Hotel Group"

I had a meeting before Christmas at the Quay Hotel, to discuss "The Deganwy Quay Day" to be held at the the end of the Conwy River Festival. I also had carried and had a further meeting with the general manager, Mr Tony Riley, to discuss their planning application for signage.

As part of these discussion Tony indicated that he was teaming up with other hotels in North Wales to work together to help promote the area and there facilities. The new group has now been formed and the following is taken from the BBC News page:

http://news.bbc.co.uk/1/hi/wales/north_west/7811457.stm

Hotels link up to promote tourism

Four north Wales hotels have joined forces to promote tourism in the area.

The North Wales Hotel Group said its members missed out on funding which was usually concentrated in large resorts.

The group includes The Trearddur Bay hotel and Tre-ysgawen Hall Hotel on Anglesey, The Quay Hotel in Conwy, and Soughton Hall Hotel in Flintshire.

A spokesperson for Visit Wales - the Welsh Assembly Government body responsible for promoting Wales - congratulated the group.
Tony Riley, of The Quay Hotel, said the group decided to form because its members were not in the "honey pot" tourist locations which usually attract funding.
'Fight for business'
Experts have predicted a gloomy year for hotels and the leisure industry as the economic downturn continues.
But Mr Riley said pooling resources and cross-promoting businesses would help put north Wales "on the map".

Each member has invested "a few thousand pounds" into the venture and the group will visit tourist fairs across Wales and the UK.

Mr Riley said: "This is an important initiative for us in 2009.
"We are not knocking Visit Wales but we need to fight for business.
"There are over 200 jobs involved across the four hotels and tourism puts back £10 million into the local economy each year."

A Visit Wales spokesperson welcomed the move, adding: "It is recognised that during the current economic climate we all need to work in close partnership in order to succeed.
"We congratulate the group for taking the initiative and wish them well during 2009."

More hotels may be invited to join the group next year

Deganwy Prom Day Meeting

This evening I attended this months meeting with the other members of the Deganwy Prom Day Committee.
Meeting held at the Deganwy Castle Hotel on Tuesday 6th Jan 2009 at 6:3opm.

Main concern is that the company selected by the committee for the Funfair are going through a reorganisation and have now asked for a £400 fee. Hence action taken to firm up new company within the next couple of weeks. Myself and Cllr Dennis Tew have the action to confirm this. I have somebody willing to come in, but there is a view within the committee to use a local firm.

The committee continues to discuss and finalise participation by other groups/organisations and to look into ideas for events to be held on the day

Next meeting in February we should be able to finalise the layout of the day and start looking at how to promote the day.

In additional to the Prom Day on the Saturday 30th May, we are also going to have a 5 mile run organised for the evening of Friday 29th May. The run will take place along the cycle path from Deganwy to the Conwy Bridge and back to Deganwy. The award ceremony is hoped to be held at the Deganwy Castle Hotel. We hope to have sponsorship from local business for the prizes. A local resident Mr Geoff Clegg is running the organisation of this event with my assistance where required.

New Years Resolution

Happy New Year.

I'm sure this year will be extremely difficult for many people, not least the businesses (large and small) of Conwy County.

I have made a New Years Resolution which is to "Create Posting within 3 days of the meeting".
(I was going to write 2 days, but thought I'd give myself an extra days grace)
We'll see how long this lasts.
I can't even remember what last year resolution was, but I'm sure it had nothing to do with becoming a Councillor!


There is a new posting regarding the last planning meeting, but it appears down the listing as I started writing the post before Christmas and it keeps the creation date.


Meetings start again in earnest this week, my first meeting is a Special Council meeting on Wednesday afternoon to discuss whether the council should fund a judicial review into the governments decision to grant permission for the Gwynt-Y-Mor Windfarm.
I have welcomed the call for a meeting to discuss the issue, but I remain to be persuaded that the council should fund a judicial review that I feel it has little possibility of succeeding. I have read in detail the Secretary of States decision, in which it responds to each area of objection, I can not see how this decision could be overturned unless someone has new information or arguments that have not been already recorded. We shall see how the meeting goes on Wednesday.

Deganwy Castle receives Cash to be made "Safe & Accessible"

What a pleasant surprise to be watching the local news on BBC last night and see Deganwy. What was even more of a surprise was to here that of the Ten sites of "iconic significance to Welsh culture, heritage and nationhood" that are to benefit from extra cash in 2009, one of the sites will be Deganwy Castle.

Other sites named are:

• Glyndyfrdwy - Owain Glyndwr's motte - in Denbighshire




• Sycharth - Owain Glyndwr's manor in Powys




• Nevern Castle in Pembrokeshire




• Deganwy Castle in Conwy




• Pennal on Gwynedd, associated with Owain Glyndwr's Pennal letters




• Strata Florida, the ruins of a Cistercian Abbey in Powys




• Abergwyngregyn on the north coast of Gwynedd which was the court of Llewelyn the Last.

The full story can be found at:

http://news.bbc.co.uk/1/hi/wales/7806248.stm