LOCAL DEMOCRACY AND BOUNDARY COMMISSION FOR WALES
Review of the Seaward Boundaries of the County Borough of Neath Port Talbot and City and County of Swansea
Recommendations Report
November 2017
© LDBCW copyright 2017
You may re-use this information (excluding logos) free of charge in any format or medium, under the terms of the Open Government Licence. To view this licence, visit http://www.nationalarchives.gov.uk/doc/open-government-licence or e-mail: [email protected] Where we have identified any third party copyright information you will need to obtain permission from the copyright holders concerned. Any enquiries regarding this publication should be sent to the Commission at [email protected] This document is also available from our website at www.ldbc.gov.wales
FOREWORD This is our report containing the Final Recommendations for the revision of the seaward boundaries of the local authorities in Swansea Bay, in relation to proposals for the construction of a Tidal Lagoon adjoining their areas. The purpose of the proposals is to extend the seaward boundaries of the two Principal Councils concerned, Neath Port Talbot County Borough Council and the City and County of Swansea Council, in order for them to gain administrative and legal jurisdiction over their respective areas within the proposed lagoon, and thereby enable them to exercise their statutory functions over the areas of the lagoon, during both the construction phase, and the completed lagoon. In producing the recommendations, the Commission has considered the construction and completed footprints of the Tidal Lagoon project, the existing administrative boundaries, and all views submitted by interested parties. The Commission believes the recommendations contained in the report are appropriate solutions to achieve the extensions to the seaward boundaries, and to meet the purpose of the Review. The Commission thanks Tidal Lagoon (Swansea Bay) PLC for its assistance, the Principal Councils for their contributions, and, all interested parties for their representations on the proposals. Finally, from the perspective of the Commission, this Report comprises the first revision of seaward boundaries undertaken by it, and its predecessors.
Owen Watkin OBE DL Chair
LOCAL DEMOCRACY AND BOUNDARY COMMISSION FOR WALES
REVIEW OF THE SEAWARD BOUNDARIES OF THE COUNTY BOROUGH OF NEATH PORT TALBOT AND CITY AND COUNTY OF SWANSEA
RECOMMENDATIONS REPORT
CONTENTS
Page
Chapter 1
INTRODUCTION
1
Chapter 2
SUMMARY OF THE RECOMMENDATIONS
2
Chapter 3
REPRESENTATIONS RECEIVED IN RESPONSE TO THE DRAFT PROPOSALS
2
Chapter 4
THE RECOMMENDATIONS
3
Chapter 5
CONSEQUENTIAL ARRANGEMENTS
11
Chapter 6
RESPONSES TO THE REPORT
12
Chapter 7
ACKNOWLEDGEMENTS
13
APPENDIX 1
SUMMARY OF REPRESENTATIONS RECEIVED
14
1st
Edition printed November 2017
The Commission welcomes correspondence and telephone calls in Welsh or English. Mae’r ddogfen ar hon ar gael yn y Gymraeg.
SWANSEA BAY RECOMMENDATIONS REPORT
Page. 1
Chapter 1 Introduction
1.1. The Local Democracy and Boundary Commission for Wales (the Commission) are conducting a review of the Seaward Boundaries of the County Borough of Neath Port Talbot and the City and County of Swansea. This review is being conducted in accordance with the Local Government (Democracy) (Wales) Act 2013 (the Act); specifically, Sections 28, 34-36 and 46.
1.2. The Commission decided to undertake this review following a request by Tidal Lagoon (Swansea Bay) PLC (the Developer) to extend the seaward boundaries of the County Borough of Neath Port Talbot and the City and County of Swansea. This will allow the Local Authorities to monitor, regulate and (if needs be) conduct enforcement activities relating to the construction and operation of the Swansea Bay Tidal Lagoon Project (the Project).
1.3. The Developer provided the Commission with the maps included in the Development Consent Order, which was granted by the Secretary of State for Energy and Climate Change on 9 June 2015. These maps identified the area required for the construction phase of the Project, and subsequently the area required for the operation of the Project once construction is completed.
1.4. The proposal submitted to the Commission by the Developer is for an initial extension of the seaward boundaries to encompass the construction phase of the Project. Once the construction is complete the boundary is to be realigned, so as to just encompass the operational extent of the tidal lagoon.
1.5. Chapter 4 (sections 34-36) of the Act lays down procedural guidelines which are to be followed in carrying out a review. In line with that guidance the Commission wrote to the mandatory consultees and other interested parties on 25 January 2017 to inform them of the Commission’s intention to conduct the review and to request their views by the 23 February 2017. Notification of the start of the review and the closing date for representations were placed on the Commission’s website. The Commission also requested notifications to be placed on Neath Port Talbot County Borough Council’s and the City and County of Swansea Council’s websites. The Councils were also provided with public notices to place on display.
1.6. The Commission published its Draft Proposals Report on 13 June 2017 with a period of representations from 20 June 2017 to the 21 August 2017 (inclusive). Notification of the start of the review and the closing date for representations were placed on the Commission’s website. The Commission also requested notifications to be placed on Neath Port Talbot County Borough Council’s and the City and County of Swansea Council’s websites. The Councils were also provided with public notices to place on display. The Commission received three responses, which are summarised in Chapter 3, and in Appendix 1.
1.7. The Commission is now making Final Recommendations to the Welsh Government, as outlined in Chapter 4 of this report. It will now be for Welsh Government Ministers to make the Order, if they deem it appropriate, with or without modifications.
LOCAL DEMOCRACY AND BOUNDARY COMMISSION FOR WALES
Page. 2
Chapter 2 Summary of the Recommendations
2.1. The Commission is recommending extending the seaward boundaries in two stages: firstly, the construction phase and, secondly, the operational phase.
2.2. In the construction phase, the Commission is recommending to extend the seaward boundaries of the Communities of Baglan Bay and Coedffranc, in the County Borough of Neath Port Talbot. This extension is shown by the shaded areas on Map 1 on page 6.
2.3. In the operational phase, the Commission recommends to alter the seaward boundary of the Community of Coedffranc, in the County Borough of Neath Port Talbot. This extension is shown by the shaded area on Map 2 on page 7.
2.4. In the construction phase, the Commission is recommending to extend the seaward boundaries of the Communities of Castle and St. Thomas, in the City and County of Swansea. This extension is shown by the shaded areas on Map 3 on page 8.
2.5. In the operational phase, the Commission recommends to alter the seaward boundary of the Community of St. Thomas, in the City and County of Swansea. This extension is shown by the shaded area on Map 4 on page 9.
2.6. The overall extent of the changes recommended, for both the construction and operational phases of the Project, is shown on Map 5 on page 10.
Chapter 3 Representations received in response to the Draft Proposals
3.1. The Commission wrote to the mandatory consultees and other interested parties on 13 June 2017 with a copy of the Draft Proposals Report and to notify them of its intention to conduct a period of representations, commencing on 20 June 2017 and ending on the 21 August 2017. Notification of the start of the review and the closing date for representations were placed on the Commission’s website. The Commission also requested notifications to be placed on Neath Port Talbot County Borough Council’s and the City and County of Swansea Council’s websites. The Councils were also provided with public notices to display.
3.2. The Commission received representations from Neath Port Talbot County Borough Council, Neath Port Authority, and the Developer.
3.3. Neath Port Talbot County Borough Council re-affirmed that it was in the interests of effective and convenient local government to extend the boundaries of the Principal Councils to cover the entire project.
3.4. Neath Port Authority informed the Commission of their operational extent within Swansea Bay and asked that consideration be given to how any boundary changes would effect their operations.
3.5. The Developer stated it was content with the proposals set out by the Commission in the Draft Proposals Report, and that it would work with the Welsh Government in the implementation of any Order.
3.6. A summary of the representations received by the Commission can be found at Appendix 1.
SWANSEA BAY RECOMMENDATIONS REPORT
Page. 3
Chapter 4 The Recommendations
4.1. The mechanism for a review of seaward boundaries is contained within the Act; specifically, Sections 28, 34-36 and 46. Section 28 sets out the instances where the Commission may be asked to conduct a review of seaward boundaries, and allows for the two-stage approach that the Commission has proposed, in that it states: (1) The Commission may conduct a review of so much of the boundary of a local government area
(which includes, for the purposes of this section, a preserved county) as –
a. Lies below the high-water mark of medium tides, and b. Does not form a common boundary with another local government area.
(2) The changes that the Commission may recommend in relation to a review under this section are:
a. The inclusion within the local government area of any area of the sea which, at the time of the review, does not form part of another local government area, and,
b. The exclusion of any area of the sea which, at the time of the review forms part of the local government area.
4.2. The Commission is recommending the extension of the seaward boundaries in two stages, at the request of the Developer. The first is the construction phase, to be in effect while the tidal lagoon is being constructed. These boundaries will encompass all areas where construction activities are to be carried out, as identified by the Developer. The second stage is the operational phase, which will encompass the completed project footprint.
4.3. With reference to the construction phase boundaries, the Developer has highlighted a number of activities which will need to be completed, during the Project construction, which will be located beyond the intended operational boundary for the completed tidal lagoon. Therefore, in order to provide the Principal Councils with the required powers over planning decisions, related to the proposed lagoon, and to regulate the implementation of the Development Consent Order and the subsequent delivery of the Project, the Principal Councils’ authority will need to be extended to cover the entire construction area. Initially, the Developer wished to extend only the planning jurisdiction of the Principal Councils; however, this is not possible under the Act. The Commission is proposing to extend the Principal Council boundaries, which will enable all Local Authority functions, including planning, to be exercised by both Councils.
4.4. With regards to the operational boundaries, the Developer has stated that the completed lagoon is designed to be operational for 120 years, and upon completion of works during the construction phase, the Developer views it as necessary for the Principal Councils’ jurisdiction to be defined by the Tidal Lagoon’s final project footprint. The Commission concurs with this view and, in order to avoid any unintentional consequences to other users of the sea bed in Swansea Bay during the planned 120 year operational life of the Project, the boundaries of the Principal Councils should, therefore, to be restricted to the limit of the tidal lagoon itself, once construction has been completed.
4.5. The stage when the construction boundaries come into effect, and cease to be effective, will be taken into account by the Welsh Ministers when they make an Order for these recommendations, if considered appropriate.
4.6. Section 46 of the Act states that: (1) Any part of the sea-shore to the low water-mark forms part of the community or communities
which it adjoins in proportion to the extent of the common boundary.
LOCAL DEMOCRACY AND BOUNDARY COMMISSION FOR WALES
Page. 4
(2) Every accretion from the sea (whether natural or artifical) forms part of the community or communities which it adjoins in proportion to the extent of the common boundary.
(3) Every accretion or part of the sea-shore forming, a part of a community under this section also forms part of the principal area and preserved county in which the community is situated.
4.7. The Commission is therefore recommending the extension of the Communities of Baglan Bay and Coedffranc, within the County Borough of Neath Port Talbot, and Castle and St. Thomas, within the City and County of Swansea, in accordance with Section 46(2) of the Act. This in turn will extend the Principal Council areas as a consequence of Section 46(3) of the Act.
4.8. The Commission’s Draft Proposals report identified and recommended a minor amendment to the Developer’s proposal (highlighted within box ‘A’ on Maps 1 to 4), to ensure that the existing area of the Community of Coedffranc remains within the County Borough of Neath Port Talbot. This recommendation placed the boundary line from the point where the seaward boundaries of the County Borough of Neath Port Talbot and the City and County of Swansea currently meet and continued this southward, along the mid-point of the small tidal creek which lies between the two Principal Councils, before aligning with the boundary proposal submitted by the Developer. The Commission received no representations in opposition of this recommendation and the Developer was content with the draft proposals set out by the Commission. Therefore, the Commission are making no changes to the boundary recommended within their Draft Proposals report. This recommendation transfers the area to the east of the recommended boundary to the Community of Coedffranc, in the County Borough of Neath Port Talbot, and the area to the west of the recommended boundary to the Community of St. Thomas, in the City and County of Swansea, in addition to the main transfers described in the following paragraphs.
Changes to Communities in the County Borough of Neath Port Talbot 4.9. In the construction phase, the Commission is recommending extending the seaward
boundaries of the Communities of Coedffranc and Baglan Bay, respectively, in the County Borough of Neath Port Talbot, as shown by the shaded areas on Map 1 on page 6. This includes a small area of Swansea Bay, highlighted in box ‘B’ on Map 1, which will be transferred into the Community of Baglan Bay, within the County Borough of Neath Port Talbot; this has been identified by the Developer as being required during the construction phase.
4.10. As mentioned in paragraph 4.8 above, the Commission is recommending a minor amendment to the Developer’s submitted proposal concerning the area highlighted in box ‘A’ on the maps. This relates to the Community of Coedffranc and ensures that the existing community area of Coedffranc remains within the County Borough of Neath Port Talbot.
4.11. In the operational phase, the Commission recommends that the seaward boundary of the Community of Coedffranc, in the County Borough of Neath Port Talbot, is as shown by the shaded area on Map 2 on page 7. The recommended extension of the seaward boundary for the Community of Coedffranc, in respect of the operational phase of the Project, will maintain the minor alteration to the Developer’s proposal described in paragraph 4.8, and is again highlighted on the map in box ‘A’.
SWANSEA BAY RECOMMENDATIONS REPORT
Page. 5
Changes to Communities in the City and County of Swansea 4.12. In the construction phase, the Commission is recommending extending the seaward
boundaries of the Communities of Castle and St. Thomas, respectively, in the City and County of Swansea, as shown by the shaded areas on Map 3 on page 8.
4.13. As mentioned in paragraph 4.8 above, the Commission is recommending a minor amendment to the Developer’s submitted proposal concerning the area highlighted in box ‘A’ on the maps. This amendment ensures that no part of the Community of Coedffranc, in the County Borough of Neath Port Talbot, will be transferred into the Community of St. Thomas.
4.14. In the operational phase, the Commission recommends that the seaward boundary of the Community of St. Thomas, in the City and County of Swansea, is as shown by the shaded area on Map 4 on page 9. During this phase the recommended extension of the seaward boundary for the Community of St. Thomas will maintain the minor alteration to the Developer’s proposal described in paragraph 4.8, and is again highlighted on the map in box ‘A’.
LOCAL DEMOCRACY AND BOUNDARY COMMISSION FOR WALES
Page. 6
SWANSEA BAY RECOMMENDATIONS REPORT
Page. 7
LOCAL DEMOCRACY AND BOUNDARY COMMISSION FOR WALES
Page. 8
SWANSEA BAY RECOMMENDATIONS REPORT
Page. 9
LOCAL DEMOCRACY AND BOUNDARY COMMISSION FOR WALES
Page. 10
SWANSEA BAY RECOMMENDATIONS REPORT
Page. 11
Chapter 5 Consequential Arrangements 5.1. In considering the change to the community boundaries, it was also necessary for the
Commission to take account of the consequential effects on the electoral arrangements for community councils, and the Principal Councils concerned, which would result from these changes. This section of our report details the Commission’s recommendations for consequential changes to the electoral arrangements.
Principal Council Boundaries
5.2. As a consequence of the recommended changes to the seaward boundaries of the Communities of Baglan Bay and Coedffranc, in the County Borough of Neath Port Talbot, and Castle and St. Thomas, in the City and County of Swansea, under Section 46(3) of the Act, these extended Communities also form an extension of the relevant Principal Councils.
Community Council Electoral Arrangements
5.3. The Communities of Baglan Bay, in the County Borough of Neath Port Talbot, and Castle and St. Thomas, in the City and County of Swansea, are not represented by community councils. Therefore, no consequential electoral arrangements need to be considered under these recommendations.
5.4. The Community of Coedffranc in the County Borough of Neath Port Talbot is represented by a community council, and the area transferred under this recommendation will form part of the Coedffranc West ward within the community. However, as there will not be additional electors, it is considered that there is no requirement to alter the electoral arrangements for the Community Council as a result of this recommended change.
County Council Electoral Arrangements
5.5. The electoral wards altered, as a result of the recommendations concerning Neath Port Talbot County Borough Council, include the Electoral Wards of Baglan and Coedffranc West. As this transfer includes no electors it is considered that there is no requirement to alter the electoral arrangements for the County Council as a result of this recommended change.
5.6. The electoral wards altered, as a result of the recommendations concerning the City and County of Swansea Council, include the Electoral Wards of Castle and St. Thomas. As this transfer includes no electors it is considered that there is no requirement to alter the electoral arrangements for the County Council as a result of this recommended change.
LOCAL DEMOCRACY AND BOUNDARY COMMISSION FOR WALES
Page. 12
Chapter 6 Responses to this Report
6.1. The Commission has now completed the Review of the Seaward Boundaries of the County Borough of Neath Port Talbot and the City and County of Swansea, and submitted recommendations to the Welsh Government. The Commission has completed its obligations and statutory duties under the Act.
6.2. It now falls to the Welsh Ministers, if they see fit, to implement the Commission’s recommendations either with or without modifications.
6.3. Any representations concerning the matters in this report should be addressed to the Welsh Government. They should be made as soon as is possible and, in any event, not later than six weeks from the date that our recommendations are submitted to the Welsh Government. Representations should be sent to:
Local Government Democracy Team Democracy, Diversity and Remuneration Division Welsh Government Cathays Park Cardiff CF10 3NQ
Or emailed to:
SWANSEA BAY RECOMMENDATIONS REPORT
Page. 13
Chapter 7 Acknowledgments 7.1. The Commission wish to express its gratitude to the officers of Neath Port Talbot County
Borough Council, the City and County of Swansea Council and to the Developer for their assistance. The Commission also wishes to extend its appreciation to all those who responded to the Commission’s consultations. We, the undersigned, commend this Recommendations Report.
OWEN WATKIN OBE DL (Chair) CERI STRADLING (Deputy Chair) DAVID POWELL (Member) JULIE MAY (Member) THEODORE JOLOZA (Member) STEVE HALSALL (Chief Executive) October 2017
LOCAL DEMOCRACY AND BOUNDARY COMMISSION FOR WALES
Page. 14
Appendix 1
Summary of representations received for the Commission’s Draft Proposal Consultation on the seaward boundaries of the County Borough of Neath Port Talbot and the City and County of Swansea.
1. Neath Port Talbot County Borough Council emailed on 1 August 2017 stating that the
County Borough Council’s views have not changed since their initial consultation response, in which the Council supported the Commission’s proposal, to extend the Principal Council boundaries, in the interests of effective and convenient local government.
2. Neath Port Authority wrote on 19 July 2017 informing the Commission of their operational
requirements within the port area of Swansea Bay, and that the operational function of the port should be considered by the Developer at all times.
3. Tidal Lagoon (Swansea Bay) PLC emailed 20 July 2017 informing the Commission that they
are content with the Draft Proposals as set out in the Draft Proposals Report. The Developer stated that they would work with the Welsh Government in the implementation of any Order in the future.
