Agenda item
Members of the Scrutiny Committee are requested to consider approving byelaws for adoption
by the Full Council.
Minutes:
Submitted - the report of the
Principal Engineer of Gwynedd Consultancy detailing the background and the
purpose of creating a new series of bye-laws to assist the Local Authority with
flood prevention and managing activities along ordinary watercourses more
effectively and more consistently. It was explained that this was in response
to Councils in Wales receiving additional powers and responsibilities to manage
flooding and surface water under the Flood and Water Management Act 2010.
Reference was made to the new bye-laws attached to the report and it was
reiterated that they had been planned to work alongside the current regulation
framework provided under the Land Drainage Act 1991 and the Flood and Water
Management Act 2010. It was noted that adopting the bye-laws would not have an
impact on the Unit's current staffing level.
It was highlighted that a public
consultation had been held between 15 November and 13 December 2018, and that
no observations had been received from the public.
Along with assisting the Local
Authorities to prevent flooding and to address the most serious risks, it was
highlighted that the bye-laws, by amending the wording and outlining the type
of activities in question, were overall, beneficial to the environment. In doing
so, the bye-laws would benefit other work areas in the world of local
government and would assist to realise the objectives of other acts including
the Water Framework Directive and the Habitats Directive.
It was noted that the aim of the
report was for Scrutiny Committee members to assess the new bye-laws and to
recommend them to the Full Council for formal adoption. Following the Council's
decision on 7 March, 2019, a policy statement would be drawn up to highlight
how the bye-laws would be implemented and the changes involved.
The members expressed their
thanks for the report.
In response to an observation
regarding material being carried down river, it was highlighted that
consideration would be given to observations relating to flood risk.
In response to a question
regarding the protection of field animals, it was highlighted that the
maintenance work was the responsibility of Natural Resources Wales.
In response to an observation
regarding the consultation process, it was noted that Gwynedd Consultancy had
followed Welsh Government's guidance on the consultation and had therefore not
contacted developers directly as they accepted that Welsh Government had
considered this. It was reiterated that
consultation with the developer would be considered during the planning
procedure where officers from the Water and Environment Unit would offer their
observations on applications. In a further observation regarding consulting
with Farmers' Unions, it was noted again that Gwynedd Consultancy assumed that
Welsh Government had done this.
In response to an observation
regarding the effect of additional responsibilities on the Water and
Environment Unit's work load and staffing levels, it was noted, by working
logically and sensibly, it was not considered that any additional resource
would be required.
During the ensuing discussion,
the following points were highlighted by individual Members:
·
There
was a need to notify people of the changes and outline when the bye-laws would
come into force.
·
Requiring permission to plant trees was a step
too far (Chapter 3 (9)
·
There
was a need to ask Welsh Government whom they had consulted with and to include
this information in the final report to the Full Council.
·
Accepted
that Gwynedd had received an 'order' to act from the Welsh Government, but
needed to ensure a fair consultation.
RESOLVED
·
to
accept the report subject to including information about the details of the
Welsh Government's consultation on the bye-laws in the report that will be
submitted to the Full Council on 7 March, 2019.
·
to
recommend that the full Council formally adopts the bye-laws.
Supporting documents:
- IMPLEMENT LAND DRAINAGE BYELAWS, item 5. PDF 65 KB
- Land drainage (Gwynedd Council) Byelaws 2019, item 5. PDF 127 KB